IN THE HIGH COURT OF JUDICATURE AT PATNA
LETTERS PATENT APPEAL No.1139 of 2010
In
(C.W.J.C. NO. 10336 OF 10336 OF 2005)
With
INTERIM APPLICATION NO. 6348 OF 2010
In
LETTERS PATENT APPEAL No.1139 of 2010
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1. ONKAR PRASAD SINGH S/O LATE DIGAMBER PRASAD
SINGH R/O VILL.- SHEONAGAR, P.S. PAIRIYAHAT,
DISTT.- GODDA
----- Appellant
Versus
1. THE STATE OF BIHAR THROUGH THE PRINCIPAL
SECRETARY HUMAN RESOURCES DEVELOPMENT
DEPARTMENT, GOVT. OF BIHAR, NEW
SECRETARIATE, PATNA
2. REGIONAL DEPUTY DIRECTOR, KOSHI DIVISION,
SAHARSA
3. DISTRICT EDUCATION OFFICER, SAHARSA
4. BIHAR SCHOOL SECONDARY EXAMINATION BOARD
THROUGH ITS SECRETARY SINHA LIBRARY ROAD,
PATNA
5. THE SECRETARY, BIHAR SCHOOL SECONDARY
EXAMINATION BOARD SINHA LIBRARY ROAD,
PATNA
6. HEADMASTER, HIGH SCHOOL, DANRE P.O. DANRE,
KUTCHAHRI, DISTT. - GODDA
------Respondents
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Appearance:
For the appellant : Mr. Rana Pratap Singh
For the respondents-State : Mr. Prabhakar Tekriwal, G.A. I
Mr. Alok Kumar, A.C. to G.A. I
For the respondent-Board : Mrs. Namrata Mishra
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURBALE MR. JUSTICE JYOTI SARAN
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
03. 18.08.2010 I.A. No. 6348 of 2010
This application under Section 5 of the
Limitation Act is filed by the appellant for condonation of
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delay of 125 days occurred in filing the Appeal.
On the facts and in the circumstances of the
case, the delay is condoned. Application stands disposed
of.
This appeal arises from the order dated
25.01.2010 made by the learned Single Judge in the
above C.W.J.C. No. 10336 of 2005.
The appellant-writ petitioner is the retired
employee of the State Government. He filed the above
writ petition to challenge the decision of the State
Government to retire him from service in the year 2004 on
reaching the age of superannuation considering his date
of birth as that of 2nd July 1946. The claim of the
appellant was that his date of birth recorded in the service
book was 2nd July 1948 and was unilaterally altered by
the respondent-authority to that of 2nd July 1946. The
claim has been rejected by the learned Single Judge.
The entry “1948” made in the service book is found to be
interpolated. Learned Single Judge dismissed the
petition as the date of birth of the petitioner becomes
disputed question of fact. Therefore, the present appeal.
We have heard learned advocates appearing
for the parties. We have perused the certificate dated
26th May 1969 produced at Annexure-4 by the appellant.
We have noticed interpolation also in the certificate
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dated 26th May 1969 produced by the appellant.
Appeal is dismissed in limine. I.A. stands
disposed of.
(R.M. Doshit, CJ.)
S.Sb/- (Jyoti Saran, J.)