IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.703 of 2008 SAMUNDRA RAI Versus THE STATE OF BIHAR & ORS ----------- For the appellant: Mr. B.N.Mishra For the respondent no.1 : Mrs. Archana Prasad, JC to SC VIII For the respondent nos.2 to 6: Mr. Vinay Kirti Singh Mr. Vijay Kumar Verma --- P R E S E N T Hon'ble the Chief Justice And Hon'ble Mr. Justice Kishore K. Mandal --- Dated, the 9th September, 2008 The appeal suffers from delay of three hundred and six days and for condonation thereof, an application (IA No.5457 of 2008) has been made. 2. Even if we condone the delay in filing the appeal for the cause set out in the application, we are of the considered view that the letters patent appeal does not deserve to be admitted on merits. 3. That the petitioner joined the service in the Electricity Board in the year 1972 is not in dispute. That in the service record his date of birth has been mentioned as 19th February, 1945 is also not in dispute. For more than three decades, the appellant did not raise any issue with regard to incorrect recording of his date of birth in the service book. At the fag end of his career when he was to 2 retire on 28th February, 2005, he represented to the Board for change in date of birth from 19.2.1945 to 1.4.1950. The claim of the petitioner was not accepted and the writ petition has also been rejected by the single judge. 4. We are afraid, we find no justification to interfere with the order of the single judge. 5. If for more than three decades the appellant did not raise any objection regarding his date of birth recorded in the service book and, at the fag end of the service, he applied for change in the date of birth, it appears to us that the claim of the appellant for change of date of birth was not bonafide and was actuated with motive to have a longer tenure of service. 6. Dismissal of the writ petition by the single judge cannot be faulted. 7. Letters patent appeal is dismissed. This disposes of IA. No.5457 of 2008 as well. R. M. Lodha, CJ. Kishore K. Mandal, J. Neyaz/