Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law : Date of Birth-Correction of |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law : Date of Birth-Correction of-Where request made after unexplained and inordinate delay-To be scrutinised carefully-Interference could be made sparingly and with circumspection-Cautious approach needed. Constitution of India, 1950: Art, 141-Law laid down by Supreme Court-Binding on all Courts and Tribunal-Trying to get over objectionable unless distinguishing factors could be established.The respondent entered Railway Service on 1.7.1955 giving his date of birth as 6.9.1930 which was entered in his service records. When the Railway Administration issued orders for his superannuation, the respondent protested claiming that his correct date of birth was 4.9.1934 and not 6.9.1930 and he was liable to be retired only on 30th September 1992. He challenged the order before the Central Administrative Tribunal. Quashing the order, the Tribunal directed that either the General Manager or his delegate, the Chief Personnel Officer of the Railway Administration should inform the respondent about the documents with copies thereof on which reliance was placed by the Railway Administration to record his date of birth and give an opportunity to him to produce documents in support of his claim and thereafter to pass a speaking order within six months. Accordingly, the Chief Personnel Officer held an inquiry into the claim of the Respondent. The Railway Administration relied upon various documents including the option forms dated 16.9.1960 and 20.2.1980 as also the Provident Fund Withdrawal Form wherein the· respondent had given his date of birth as 6.9.1930. It was· noticed that the respondent did not avail of the opportunity given by the Railway Board in 1972 asking all the literate employees to submit their representations in case they wanted any correction or alteration in their recorded date of birth, latest by 31.7.1973. The respondent had made a representation for the first time on 25.12.1985 and then on 12.3.1987 seeking alteration of his date of birth. The respondent, However, produced copies of School Leaving Certificates issued in 1988 in support of his claim.The Chief Personnel Officer after hearing the parties rejected the claim of the respondent. Aggrieved by the said decision the Respondent filed an application before the Tribunal. The Tribunal quashed the impugned order and directed the Railway Administration to alter the date of the birth of the respondent in his service records, from 6.9.1930 to 4.9.1934 and to treat the respondent as if he had continued in service till 30.9.1992 and on that basis, to give him all the consequential benefits including pay and allowances.In this appeal by the Union of India against judgment of the Tribunal, it was claimed that the judgment of this Court in Union of India v. Hamam Singh, [1993] 2 SCC 162 was fully attracted to the facts and circumstances of the case. |
Judge | Honble Dr. Justice A.S. Anand |
Neutral Citation | 1995 INSC 115 |
Petitioner | Union Of India And Ors. |
Respondent | Kantilal Hematram Pandya |
SCR | [1995] 2 S.C.R. 71 |
Judgement Date | 1995-02-14 |
Case Number | 1733 |
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