Dhirubhai Naranbhai Patel, J. - (1.) THIS Letters Patent Appeal has been preferred against the judgment and order delivered by the learned Single Judge in W.P.(S) No. 2542 of 2012 dated 7th February, 2014.
(2.) COUNSEL for the appellant (original petitioner) submitted that the correct date of birth of this appellant is 26th December, 1957 because he has cleared his Praveshika Examination in the year, 1983 from Hindi Vidyapith, which is situated at Deoghar (at the relevant time it was erstwhile State of Bihar). If the year, 1983 is base year for Praveshika Examination and if in a reverse gear the calculation is made then his date of birth will come to 26th December, 1957 and not 10th March, 1954. This aspect of the matter has not been properly appreciated by the learned Single Judge and hence, the order passed by the learned Single Judge deserves to be quashed and set aside. Counsel for the respondents submitted that no error has been committed by the learned Single Judge in dismissing the writ petition preferred by this appellant for correction of his date of birth at much belated stage in light of two annexures annexed by the respondents in their counter affidavit, which are at Annexure -A Page 9 (in the form of service register) and at Page 12 (in the form of service excerpt), which reveals the correct date of birth of the original petitioner as 10th March, 1954. It is further submitted by the counsel for the respondents that both these documents viz: "(a) Service register at Annexure -A of the counter affidavit in the writ petition; (b) Service excerpt at page 12 of the counter affidavit in the writ petition;" there is a left thumb impression and the signature of this appellant. This aspect of the matter has been properly appreciated by the learned Single Judge and, therefore, his correct date of reaching the age of superannuation is 10th March, 2014.
(3.) IT is also submitted by counsel for the respondents that this appellant (original petitioner) has mainly relied upon his passing of "Praveshika Examination" in the year 1983 from Hindi Vidyapith and it is presumed that he has never failed from Standard -I to Praveshika Examination and the calculation has been made that if he cleared the Praveshika Examination in the year 1983 he must have born on 10/26th December, 1957. This presumption is absolutely wrong and baseless because if he has either failed in one or two Standards or if he has joined Standard -1 not at the age of 5 years, the whole reverse calculation of the original petitioner will be wrong one. Apart from the wrong logic of the counsel for the original petitioner, there are positive evidences of correct date of birth with the respondents, which are annexed with the counter affidavit and also referred by the learned Single Judge while finally dismissing the writ petition on internal page No. 2 of the impugned order and hence, this Letters Patent Appeal may not be entertained by this Court.;