- (1.) Heard Mr. Mishra, learned Counsel for the petitioner and Mr. Ughal learned Counsel for the respondents Damodar Valley Corporation.
(2.) The dispute is with regard to recording of date of birth of the petitioner in the service records of the Damodar Valley Corporation.
(3.) According to the petitioner, he came in the service of the D.V.C. on 01/10/1969 as Khalasi and subsequently, he was selected for the Line Petrol Man (LPM) and joined the new post on 08/08/1983. He appeared in the matriculation examination conducted by the Bihar School Examination Board from Panssalva High School, Munger in the year 1973 but he could not succeed. He was issued an admit card by the said school for appearing in the Board's Examination which contained his date of birth as 01/12/1950. In the year 1973 itself, the petitioner produced before the Corporation the said admit card, which was issued by the Bihar School Examination Board as a proof of his date of birth. Further, according to the petitioner, the respondents even verified regarding his date of birth from the Headmaster of the High School, Panasalva, Munger, who reported that the petitioner appeared in the annual S.S. examination in the year 1973 from his School and his date of birth in the School admission register was 01/12/1950. The petitioner alleges that all of a sudden a copy of the letter dated 06/04/1993, was forwarded to the petitioner wherein respondent No. 4 wrote to respondent No. 5 that the date of birth of the petitioner has been accepted and recorded as 17/03/1947. On receipt of such letter, the petitioner made a written request to the respondent No. 4 on 03/10/2004 stating therein that he submitted his admit card in the year 1973 itself showing his date of birth to be 01/12/1950 and, thereby, requested to withdraw the aforesaid letter and accept his date of birth as 01/12/1950 and to save him from premature retirement. Even though the petitioner represented for withdrawal of the aforesaid letter dated 06/04/1993 but the respondents intimated the petitioner by issue of Annexure- 8 and 8/1 that he would retire from service w.e.f. 31/03/2007.;