DR. S. DIVAKAR Vs. UNION OF INDIA, MINISTRY OF SCIENCE AND TECHNOLOGY, REPRESENTED BY ITS DIRECTOR GENERAL AND CENTRAL FOOD TECHNOLOGICAL RESEARCH INSTITUTE (CFTRI), REPRESENTED BY ITS DIRECTOR

JUDGEMENT

(1.) THE order dated 3.9.2012 passed by the Central Administrative Tribunal, Bangalore Bench, Bangalore in OA No. 307/2012 is called in question in this Writ Petition. By the said Order, the Central Administrative Tribunal has confirmed the order dated 30.3.2012 superannuating the petitioner from the post of Scientist -C with effect from 30.3.2012. The records reveal that the petitioner joined the services as Scientist -C in the second respondent organization on 21.3.1987. At the time of submitting the application itself, he had mentioned that his date of birth is 12.9.1950. However, he had also mentioned that his correct date of birth is 12.9.1953. However, since his SSLC Marks Card was bearing the date of birth as 12.9.1950, he had mentioned his date of birth as 12.9.1950 in his application form while joining for duties. Accepting the said date of birth i.e. 12.9.1950, the service records were made. If the date of birth of the petitioner were to be 12.9.1950, he would have attained the age of superannuation on 12.9.2010. However, in the mean while, the petitioner got the entry relating to his date of birth changed in SSLC Marks Card as 12.9.1953 from 12.9.1950. Based on such corrected SSLC Marks card, it seems that entry of his date of birth was changed in the original Application submitted by him at the time of joining for duties by a Section Officer on 21.11.1988. Based on such subsequent correction in the application filed by the petitioner seeking appointment, the petitioner claims that his service records are also be altered as required under law effecting the true date of his birth as 12.9.1953 and therefore, contends that he should have been allowed to continue in service upto 12.9.2013.

(2.) THE very contentions were raised by the petitioner before the appellate authority as well as before the Central Administrative Tribunal which came to be negatived. The only question to be decided is as to: