Pratap Kumar Ray, J. - (1.) Heard the learned Advocates appearing for the parties.
(2.) In the instant case, it is the grievance of the petitioner that notice of superannuation relying upon the entry of date of birth of official record, is not legally sustainable as no documentary evidence was filed by the petitioner at the time of entry in service certifying his age. At the fag end of service, the petitioner challenged the superannuation notice. The petitioner also has no independent document to prove his date of birth save and except certificate of concerned Sarpanch of District-Bhagalpur within the State of Bihar, which cannot be treated as a document applicable to determine the age of the petitioner. Even, by medical test at this age when the petitioner has already crossed sixty years or more, there is no scope to determine the age, since in terms of the Medical Jurisprudence, different tests as noted thereto, to determine the age, more particularly the oscification test, it is not possible to determine age now. It is possible only when a person is within the age range of 16 to 18 years with a rider of error of plus/minus two years. Since the petitioner has no document to prove his case and the petitioner has not produced the certified copy of the birth register but a certificate of one Sarpanch which is not admissible in evidence and hence which could not be believed by this Court. At the fag end of service life, the petitioner raised the grievance, which is not permissible in view of the settled law of the Apex Court. Reliance may be placed to the judgment passed in the case Union of India v. Harnam Singh, reported in (1993) 2 SCC 162 , wherein the basic principles relating to correction and/or rectification of the date of birth was summarised by Dr. A.S. Anand, J. The relevant portion of the report reads thus : "It is open to a civil servant to claim correction of his date of birth, if he is in possession of irrefutable proof relating to his date of birth as different from the one earlier recorded and even if there is no period of limitation prescribed for seeking correction of date of birth, the Government servant must do so without any unreasonable delay. In the absence of any provision in the rules for correction of date of birth, the general principle of refusing relief on grounds of laches or stale claims, is generally applied to by the Courts and tribunals." Having regard to such, the writ application stands dismissed. There will be no order as to costs. Writ Application dismissed. ;