Badri Narayan Mandal vs The State Of Bihar & Ors.

Heard learned Counsel for the petitioner and learned Counsel for the State.

Learned Counsel for the petitioner submits that the present writ petition has been filed for issuance of a writ in the nature of mandamus for direction to the respondent to make necessary correction in date of birth of the petitioner in service record, if any number is entered incorrectly then correct the same as per actual date of birth of the petitioner mentioned in educational certificate, i.e., 01.01.1965. Further prayer is for direction to respondent No. 4 to not disturb the petitioner as saying that petitioner will be retired after completion of the age of 58 years, i.e., 31.12.2022, from the post of Home Guard Police in place of 60 years.

Learned counsel for the petitioner submits that the educational certificate indicates the petitioner's date of birth as 01.01.1965. However, the higher authority has wrongly treated his date of birth as 01.01.1963 and consequently retired him in the year 2022. According to the petitioner, he was entitled to retire only in the year 2024. In support of his submission, learned counsel has annexed the School Leaving Certificate, which has been annexed as Annexure-2.

Learned counsel appearing for the State submits that Annexure-A is the document which indicates that, at the time of his joining, the petitioner's age was recorded as 22 years. Since the petitioner joined as a Grih Rakshak in the year 1985, his date of birth was accordingly treated as 01.01.1963.

After hearing the parties, this Court finds that the decision taken by the State is based on a policy simpliciter, which is uniformly applicable throughout the State of Bihar, and that no discrimination has been made against the petitioner.

In view of the aforesaid facts and circumstances, and particularly considering that no discrimination has been made against the petitioner, this Court is not inclined to interfere with the matter. Accordingly, the present writ petition stands dismissed.