STATE OF ORISSA Vs. BRAHAMARBAR SENAPATHI

JUDGEMENT

(1.) Heard learned counsel for the parties Special leave granted.

(2.) This appeal arises against the order of the orissa Administrative tribunal, Bhubaneswar in OA No. 858 of 1989 dated 22/06/1992. The respondent joined the service as a Cook in CDMO Cuttack on 9/02/1962. Thereafter he was promoted as Disinfector and Senior Helper. He attained the age of superannuation on 31/05/1989. Before his retirement when the notice of retirement was given, he filed an application on 24/04/1989 stating that his correct date of birth is 27/06/1934 and therefore he cannot be retired. Since his representation was not accepted, he filed OA No. 858 of 1989 before the tribunal. The tribunal observed that his correct date of birth is 27/06/1934 and not 18/05/1929 as entered in the service register and therefore the respondent is entitled to be in service till the age of 60 years. Thus this appeal by special leave.

(3.) Rule 65 of the orissa General Financial Rules provides thus :