BANSHI MAITY Vs. UNION OF INDIA

JUDGEMENT

(1.) The Petitioner has challenged the correctness and sustainability of the order dated 03.12.2019 passed by the Central Administrative Tribunal, Jabalpur Bench, Circuit Sitting at Bilaspur (hereinafter referred to as 'CAT') in Original Application No.203/00236/2018 whereby the original application preferred by the Petitioner was dismissed.

(2.) Facts of the case in nutshell are that, the Petitioner was appointed as Bearer on 09.05.1985 with the RespondentDepartment in Bilaspur Division. He submitted representations before the Respondent Authorities on 10.10.2009, 15.07.2010, 05.12.2012, 05.08.2013 and 21.11.2014 for correction of his date of birth in service record as 10.04.1961 in place of 09.03.1955. Subsequently, one reminder representation was also submitted on 02.02.2015. When his representations were not decided by the Respondent-Department, he preferred Original Application bearing No.203/00134/2015 before the CAT. The CAT taking into consideration the nature of dispute raised by the Petitioner in the original application, disposed off the same with a liberty to file appropriate application before the General Manager requesting him to consider correction of his date of birth in service record on the basis of affidavit submitted by the Petitioner at the time of joining of service. The Petitioner submitted representation in pursuance to the liberty granted by the CAT on 13.02.2015 and when the representation was not decided by the Respondent-Department, the Petitioner submitted reminder letter followed by legal notice dated 09.05.2016. The representation submitted by the Petitioner was considered and dismissed.

(3.) The Petitioner thereafter again approached the CAT by filing Original Application No.203/00236/2018 on the grounds mentioned therein. The Respondents after service of notice entered their appearance and submitted reply to the original application. The Respondents have pleaded that the Petitioner was superannuated from service with effect from 31.03.2015, but he has not enclosed or brought on record the order of superannuation and approached the CAT in the year 2018, which is beyond the prescribed period of limitation. The order of rejection of application dated 01.08.2016 has not been challenged, which is an order passed by the Chief Personnel Officer. It was also pleaded that the Department has already considered the representation submitted by the Petitioner/Applicant in the light of Rule 145(3)(iii) RI of the Railway Board Establishment Serial No.17/72 dated 18.01.1972. The date of birth mentioned in the physical fitness certificate and medical card cannot be said to be an authentic document and the application for correction of date of birth has been made at the fag end of his service without specifically mentioning as to how and when the Petitioner/Applicant get knowledge of wrong recording of his date of birth in service record. Lastly, it was also mentioned that the date of birth of the Petitioner/Applicant has been verified from the Headmaster of the Kenda Dangri Middle School Calooniya, District Singbhum, in which, the Petitioner took education up to Class-VII, for the purpose of verification of his date of birth. Vide letter dated 19.12.2014 (Annexure R/2), it was intimated by the Headmaster that the name of Shri Banshi Bandan Maity S/o Shri Nalini Maity was not properly mentioned/founded in their school admission register, but the name of Banshi Bandhan Mohanty S/o Nalini Kant Mohanty, Village Chaluniya Post Kenda Dangri, P.S. Chakulia, East Singbhum is mentioned and the date of birth recorded against Shri Banshi Bandan Mohanty is 11.04.1953 as per admission register of the School.