Khanna, J. - (1.)This appeal on certificate is against the judgment of the Patna High Court whereby the High Court dismissed the petition under Articles 226 and 227 of the Constitution of India filed by the appellant for the issuance of a writ in the nature of mandamus, directing the State of Bihar to hold that the appellant was entitled to the benefit of notification No. F1/5021/62-452F dated January 11, 1963. By that notification, the Government of Bihar had extended the age of superannuation from 55 of 58, and had further directed that the benefit of extension would be granted to those government officers who were due to retire after January 14, 1963.
(2.)The case of the appellant is that when he entered the police service in the State of Bihar his date of birth was recorded in the service book as January 1908. When no exact date of birth is mentioned, the date of birth, it was stated, should be considered to be the 16th day of the month. As such, according to the appellant, he should be held to have been born on the 16th on January, 1908, and as such, entitled to the benefit of the notification mentioned above.
(3.)In opposition to the petition, an affidavit was filed on behalf of the State of Bihar wherein it was pointed out that in a number of government records the date of birth of the appellant was mentioned as the 1st of January, 1908. It was also pointed out that the appellant had been accepting the 1st of January 1908 as his correct date of birth. In view of that the appellant, it was stated, was not entitled to the benefit of the extended age for superannuation.