IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4786 of 2007 Lal Bihari Singh, Son of late Ram Das Rai, Resident of Village- Gulamalichak, P.S. Bihta, Distt. Patna .. Petitioner Versus 1. The State Of Bihar, through the Home Secretary, Department of Home, Old Secretariat, Patna 2. The Inspector General-cum- Commandant General, Bihar Home Guards, Patna 3. The Commandant Grade-A, Home Guard, Chhajubag, Patna 4. Commandant, Central Training Institute, Bihta, Patna … …. Respondents ---------------------------------- For the Petitioner :Mr. Phulen Yadav, Advocate For the State :Mr. Mrigendra Kumar, A.C. to S.C.-10 02/ 17.10.2011 Heard learned counsel for the petitioner and the State. 2. At the relevant time, petitioner served as Hawildar in the Bihar Home Guards. He has filed this writ petition questioning the Force Order No. 476/97, bearing Memo No. 4029 dated 11.11.1997, Annexure-4 whereunder his date of birth recorded in the service book as 23.11.1949 has been altered as 1.9.1945. He has also challenged the Force Order No. 120/2003, bearing Memo No. 723 dated 30.8.2003, Annexure-6/B whereunder he has been directed to superannuate with effect from afternoon of 31.8.2003 treating his date of birth as 1.9.1945. 2 3. It is submitted on behalf of the petitioner that when he entered the service, his service book was opened recording 23.11.1949 as his date of birth. After about 25 years of entering in service, under order dated 12.11.1997 date of birth recorded in the service book has been altered from 23.11.1949 to 1.9.1945. In support of the aforesaid submission, learned counsel for the petitioner has relied on the photocopy of the service book, which is annexed as Annexure-4. 4. Perusal of the photocopy of the service book indicates that the same was opened on 4.2.1971 but the date of birth of the petitioner i.e. 23.11.1949 was recorded in the service book on 27.12.1991 and altered within six years of the recording of the date of birth on 12.11.1997 in compliance of the Force Order No. 476/97 dated 11.11.1997, Annexure-4. From perusal of the photocopy of the extract of the service book, I am satisfied that the date of birth entry of the petitioner has not been altered after 25 years of its entry, rather the same has been altered within six years. Even otherwise, petitioner having not 3 challenged the Force Order No. 476/97 dated 11.11.1997, Annexure-4 and the Force Order No. 120/2003 dated 30.8.2003, Annexure-6/B superannuating him with effect from afternoon of 31.8.2003 on the basis of the altered date of birth within reasonable time of the issue of the two orders, I am not inclined to interfere in the matter as the writ petition has been filed on 12.4.2007 after ten years of the issue of the order altering the date of birth of the petitioner and three years of the order superannuating him. 5. The writ petition is, accordingly, dismissed, both on merit as also on the ground of laches. Arjun/ ( V. N. Sinha, J.)