IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.6552 OF 2008 CHANDRA MOHAN SINGH, SON OF LATE RADHA SINGH, RESIDENT OF VILLAGE SEDAHAN, POLICE STATION TARARI, DISTRICT BHOJPUR. AT PRESENT, RESIDING NEAR NAGA BIGHA, POLICE STATION AURANGABAD (T), DISTRICT AURANGABAD …………………………………………PETITIONER VERSUS 1. THE STATE OF BIHAR 2. THE DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE, BIHAR, MAIN SECRETARIAT, PATNA 3. THE SENIOR SUPERINTENDENT OF POLICE, PATNA ………………………………………………………………………….RESPONDENTS ********* FOR THE PETITIONER :- MR. N. K. AGRAWAL, SR. ADV. MR. VIJAY ANAND, ADVOCATE MR. T. P. SHARMA, ADVOCATE FOR THE S T A T E :- MR. A. N. SINHA, G.P. 11 MR. JAY PRAKASH SHARMA, AC TO GP 11 ********** 3 16/05/2011 Heard Counsel for the parties. The petitioner joined as a Constable in the Police Department on 28.01.1959. The date of birth recorded in the service book of the petitioner was 1937. He superannuated on 01st July, 1995. Being aggrieved by this fact, the petitioner after his retirement filed CWJC No. 6682 of 1995 which was disposed of vide order dated 09.09.1996. This Court said that the petitioner would take steps to bring a properly constituted suit for redressal of his grievances. Accordingly, the petitioner filed a suit which was dismissed on the ground that it was not maintainable. Therefore, the present writ application has been filed to change his date of birth, as according to the petitioner, his case has never at any 2 stage been considered by the Department or the Court as far as the merits of the case is concerned. The petitioner claims that he was given promotion to the post of Assistant Sub Inspector after considering his matriculation certificate which shows the year of his birth as 1939. It is, therefore, prayed that the age given in the matriculation certificate should be considered by the Department and his date of birth should be changed in the service book. Originally, this Court could have considered this aspect, if the petitioner had come to this Court within a reasonable time for grant of such relief. However, the petitioner has come to this Court for the first time on 29.08.1995 i.e. after his date of retirement. At such a belated stage, this Court cannot consider the prayer of the petitioner. This application is thus dismissed. Anand ( Sheema Ali Khan, J. )