- (1.) The present writ petition has been preferred for correction of date of birth.
(2.) Learned Counsel appearing for the petitioner submitted that as per the petitioner, his correct date of birth is 4th January, 1953 on the basis of a certificate issued in the Matriculation examination. This certificate is annexed at Annexure-1 to the memo of the petition. This certificate was issued in the year 1971. The petitioner has joined the services with the respondents in the year 1973 and the incorrect date of birth of the petitioner has been incorporated in the service records as 1st January, 1951. Thus, in fact the petitioner's correct date of retirement is 4th January, 2013, whereas, as per incorrect date of birth, petitioner's date of retirement will be 1st January, 2011. Learned Counsel for the petitioner is relying upon the decision rendered by the full Bench of this Court in the case of Kamta Pandey v. M/s B.C.C.L. through Chairman-cum-Managing Director, Dhanbad and Ors., 2007 3 JCR 681 as well as he is also relying upon the decision rendered by the Division Bench of this Court in L.P.A. No. 401 of 2009 dated 18th August, 2010. Copies of these judgments are also given to the learned Counsels appearing for the respondents and Learned Counsel for the petitioner submitted that on the basis of the aforesaid judgments, correct date of birth of the petitioner, on the basis of the Matriculation Certificate should be incorporated with the respondents, in the service records of the petitioner and, therefore the correct date of retirement of the petitioner is 4th January, 2013.
(3.) Learned Counsel appearing for respondent Nos. 1 to 4 has submitted that a detailed counter affidavit has already been filed, wherein, it has been stated that in the service records of the petitioner, his date of birth is mentioned as 1st January, 1951. Never any objection has been raised by the petitioner and at much belated stage, this petition has been preferred and, therefore, the present petition deserves to be dismissed.;