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 =============================================== 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 =============================================== 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 =============================================== 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 2 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 3 dated 26th May 1969 produced by the appellant. Appeal is dismissed in limine. I.A. stands disposed of. S.Sb/- (R.M. Doshit, CJ.) (Jyoti Saran, J.)