UNION OF INDIA Vs. SAROJ BALA MRS

JUDGEMENT

(1.) Leave granted.

(2.) We have heard the counsel for both the parties. The respondent had appeared in the year 1971 for All India Civil Service Examination wherein she had annexed her school record in which her date of birth was recorded as April 4, 1949. On the basis of the selection in the competitive examination, she was selected for All India Revenue Service (Income-Tax) in the year 1972 and she joined the service in the said year. On June 18,1985, she approached the University for correction of her date of birth to be April 5, 1950,. The University by its proceedings dated October 13, 1986 had rejected the same. The respondent then filed an application on February 5, 1991 for correction of the date of birth which was rejected by the Government on April 4, 1991. Thereafter the respondent filed O.A. in the Central Administrative Tribunal, Chandigarh. By the impugned order dated 6-1-1992, the Tribunal held that the date of birth of the respondent is April 5, 1950 and directed correction of her date of birth in the service record within the time specified in the order. Thus this appeal by special leave.

(3.) Shri R. S. Suri, the learned counsel appearing for the respondent, contended that the birth certificate given by the Registrar does indicate that her date of birth is April 5, 1950 and that the mother had filed an affidavit in support thereof. It is also sought corroboration from the date of birth certificate of her elder sister and due to close of prominity (proximity) of six months of the birth of two children, it would not be possible that the respondent would have been born. He also relied upon the horoscope prepared to prove her date of birth.