Aparesh Kumar Singh, J. - (1.) HEARD learned counsel for the parties.
(2.) PETITIONER 's grievance is in relation to correction of his date of birth in the service records which is entered as 24th July, 1955 at the time of his entry in service on 26th July, 1978 as Piece Rated Worker in Swang Colliery pursuant to voluntary retirement of his father -in -law, Late Jeyarath Hussain (Annexure -2 is the appointment letter). Petitioner admittedly had not passed the matriculation exam by then and as per his own assertion he obtained qualification of matriculation in 3rd Division vide Certificate dated 29th July, 1980 issued by Bihar School Examination Board, Patna, showing his date of birth as 6th October, 1958, Annexure -6. He is stated to have passed Matriculation Exam from Rajendra High School, Jarangdih. Petitioner was assessed by Medical Board at the time of appointment for his age as 23 years as on 24.7.1978, that is why in his service records, the date of birth 24th July, 1955 was entered. Petitioner was granted promotion on the basis of matriculation qualification obtained by him vide Annexure -8 dated 1st August, 1981 to the post of Clerk -Grade -III after he brought it to the notice of the respondent Personnel Manager, Swang Colliery that he passed Matriculation Exam in 1980 vide Annexure -7 representation dated 25th November, 1980. On account of his added qualification petitioner got another promotion sometime in 2003 vide office order dated 31st March, 2003 as Clerk Grade -II and also vide Annexure -11 on 13th June, 2012 as Senior Clerk Grade -B (Spl.) These are the basis of the petitioner's claim for correction of his date of birth as the respondents have accepted his Matriculation Certificate showing his date of birth as 6th October, 1958. This is being substantiated by a document at Annexure -1 which is Transfer Certificate issued by Hazaribagh Mines Board, Hazaribagh, which indicates that he had entered into the school on 6th January, 1964 and he left the school on 31st December, 1970 when he was studying in Class -VII. The date of issuance of Transfer Certificate is 31st January, 1971. In the said transfer certificate also date of birth is shown as 6th October, 1958.
(3.) COUNSEL for petitioner submits that the petitioner had produced the Middle Pass Certificate before Medical Board, in original, issued by Bihar School Examination Board and believed that it would be relied upon by the respondents by making proper entry in the service record relating to his date of birth. He has also referred to the service records prepared in 1987, Annexure -9 where also against the date of birth entry on the one hand, it is shown as "24th July, 1955" but entry as 6th October, 1958 is also shown beside that. He also refers to the objection made on his behalf at the time said entries were made indicating his date of birth as 6th October, 1958. This document is shown to have been signed on 2nd June, 1987.;