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1999 Supreme(Pat) 1073

N.PANDEY
Bharat Singh Alias Bharat Rao – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. Heard learned counsel for the petitioner and the State.

2. This petition has been filed for a direction to the respondents to correct the date of birth of the petitioner from 1940 to 22.1.1942 as per the entry made in the school admission register.

3. It appears the petitioner entered in service on 14.12.1960 and in the service book, only the year of birth was entered as 1940. On 21.10.1997, by a notice contained in Annexure 2, the petitioner was communicated that he will superannuate with effect from 30.6.1998. The petitioner, thereafter, filed a representation before the Superintendent of Police, Bettiah for necessary correction. But the same was not accepted.

4. Learned counsel for the petitioner contended since in the school register etc. the date of birth of the petitioner was mentioned as 22.1.1942. Therefore, it was proper for the authority to correct the service book.

5. In my view, from the facts on records, it is evident that no such attempt was made by the petitioner within ten years of service before the authority for correction. That apart, on the basis of the entry in the school register, it would not be possible for this Court to alter the date of birth as




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