IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.916 of 2011 IN Civil Writ Jurisdiction Case No. 14774 of 2010 WITH Interlocutory Application No. 4004 of 2011 IN Letters Patent Appeal No.916 of 2011 ====================================================== Ram Phal Prasad Son of Harihar Prashad resident of Village Kandua, P.S. Chandauti District Gaya. .... .... Appellant Versus 1. The State of Bihar. 2. The Bihar State Road Transport Corporation through its Administrator Sultan Place Veer Chand Patel Path, Patna. 3. The Bihar State Road Transport Corporation through Chief Administration Sultan Place Veer Chand Patel Path, Patna. 4. The Bihar State Road Transport Corporation Divisional Manager, Gaya District, Gaya. .... .... Respondents ====================================================== Appearance : For the Appellant : Mr. Ram Narayan Mahto, Advocate For the Respondent No.1: Mr. P.K. Verma, AAG-5 For the Respondents 2-4: Mr. S.R.Sharan, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2. 21-06-2011 Interlocutory Application No. 4004 of 2011: - The delay of 129 days occurred in filing the Letters Patent Appeal is condoned. Interlocutory Application stands disposed of. Letters Patent Appeal No. 916 of 2011: - This Appeal under Clause 10 of the Letters Patent is preferred by the writ petitioner against the judgment and order Patna High Court LPA No.916 of 2011 (2) dt.21-06-2011 2 dated 8th September 2010 passed by the learned single Judge in above C.W.J.C. No. 14774 of 2010. The appellant was a driver, employed in the respondent Bihar State Road Transport Corporation. By notice dated 21st May 2010, he was informed that his date of birth recorded in the service book was 4th August 1950 and that on reaching the age of superannuation of 60 years he would retire from service on 31st August 2010. Feeling aggrieved the appellant filed above C.W.J.C. No. 14774 of 2010. He claimed that the correct date of his birth was 20th November 1954 and that he had a right to continue in service till 30th November 2014. The claim is supported by a transfer certificate issued by the Headmaster of a School on 10th January 1972. The claim has been rejected by the learned single Judge on the premise that the petitioner did countersign his service book and did not raise any dispute till the fag end of the service. Therefore, the present appeal. Learned advocate Mr. S.R.Sharan has appeared for the respondent Corporation. He has submitted that by resolution passed by the Corporation the Bihar Financial Rules, 1950 are made applicable to the Corporation. Rule 96 of the said Rules Patna High Court LPA No.916 of 2011 (2) dt.21-06-2011 3 provides, inter alia, that date of birth once recorded cannot be altered except in the case of a clerical error. The Note-1 to the said Rule 96 provides that no representation for rectification of mistake in the date of birth as entered in the service record shall be entertained unless it is submitted within a period of ten years from the date of entry. Be that as it may, not only the petitioner did not move the Corporation for correction of the entry in respect of his date of birth till the date of superannuation nor has he produced any reliable supporting document. Copy of the transfer certificate produced by the appellant does not seem to be a reliable document. It does not disclose the name of the school which has issued the said certificate. In our opinion, the learned single Judge has rightly rejected the writ petition. No case for interference is made out. The Appeal is dismissed in limine. Pawan/- (R.M.Doshit, CJ) (Birendra Prasad Verma, J)