SHEO NANDAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Leave granted.

(2.) The appellant entered Railway service as Shunting Porter on 26/4/1955. It would appear from the service record that his date of birth was declared to be 22/1/1926. On 7/1/1984, the appellant was informed that he was to retire on 31/1/1984 (A. N. ) , since he attained the superannuation on 21/1/1984. Thereon, the appellant gave a reply staling that his date of birth was 22/1/1936 and that therefore the order of retirement is not correct. Accordingly, he approached the High court by filing Writ Petition No. CWJC No. 353 of 1984 which was transferred to the tribunal. The tribunal rejected the said writ petition holding that the Union of India was not a party. Then he filed OA No. 306 of 1989. The tribunal by order dated 4-4-1990 dismissed the application on the ground of res judicata. Thus this appeal by special leave.

(3.) The contention of the appellant supported by Shri Sanyal, learned Senior Counsel, is that the appellant had declared his date of birth as 22/1/1936 which could be reflective from the periodical medical inspection reports made by the authorities which noted that as his date of birth. The respondents have deliberately withheld the documents and that, therefore, the appellant is entitled to the declaration that he is not liable to retire until he attains the superannuation age of 58 years.