STATE OF WEST BENGAL Vs. SISIR KUMAR PARIA
LAWS(CAL)-1996-9-3
HIGH COURT OF CALCUTTA
Decided on September 24,1996

STATE OF WEST BENGAL Appellant
VERSUS
SISIR KUMAR PARIA Respondents

JUDGEMENT

V.N.Kare, CJ. - (1.)This appeal arises out of the judgment of the learned single Judge dated February 4, 1991 allowing the writ application being Civil Order No. 11509(W) of 1989 filed by the writ petitioner respondent.
(2.)The petitioner respondent was initially appointed as a Lower Division Clerk in the office of the Settlement Officer, 24- Parganas, Government of West Bengal on July 3, 1954. After the petitioner joined the service, his service book was opened wherein the date of birth entered was January 15, 1934. The petitioner respondent was furnished with a copy of the service book. Subsequently, in the year 1963, the petitioner respondent appeared in the School Final Examination as a private candidate and was declared successful. Accordingly, he was issued a certifi-cate of having passed the School Final Examination. In this certificate, the date of birth of the petitioner respondent was shown as January 15, 1938.
(3.)It appears in the year 1989 the petitioner re-spondent made a representation to the Government of West Bengal for correction of date of birth in the service book on the basis of the date of birth as recorded in the School Final Exami-nation Certificate. The respondents authority declined to correct the date of birth as prayed for by the petitioner respondent. Consequently, the petitioner filed a writ petition in this Court under Article 226 of the Constitution of India challenging the Memo. dated May 10, 1989 whereby the prayer of the petitioner respondent for correction of the date of birth was declined. A learned single Judge of this Court, while hearing the matter, was of the view that the date of birth given in the School Final Examination Certificate is binding on the authority. Consequently, the learned Judge issued direction that the date of birth of the petitioner respondent be corrected in terms of the date of birth recorded in the School Final Examination Certificate. Aggrieved the State of West Bengal has come up in appeal.
;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.