UOI Vs. PRATAP SINGH

JUDGEMENT

(1.) Respondent Pratap Singh was appointed under the Railways on 11.12.1979 and his service book was prepared. He claims that his date of birth was correctly entered as 19.12.1946 in harmony with the school leaving certificate issued to him by the Head of the GSAS Inter College, Mursan (Hatras) U.P. He further claims that the appointment letter dated 3.12.1979 clearly indicates the acceptance by the Department of his date of birth being 19.12.1946. Undisputedly due to a fire in the record room of the Divisional Office where his service record was being maintained, the same was destroyed due to fire on 17.2.1980 and thereafter the Department reconstructed the record in which his date of birth was shown to be 7.11.1943. Being shown born nearly 3 years prior to when he claims to be born, Pratap Singh would superannuate 3 years prior to his actual date of superannuation and claims that when it came to his knowledge that the Department had reconstructed his service book and had not associated him in the reconstruction process, his date of birth could not be altered. He thus made a representation to correct the date of birth which representation stands rejected vide order dated 21.5.2005. The said order was challenged by him by an under OA No. 1641/2005 which has been allowed with the direction being as under:

(2.) Suffice would it be to state that as per Pratap Singh, to prove his date of birth to be 19.12.1946 he relied upon: (i) order dated 3.12.1979 appointing him in which his date of birth has been recorded as 19.12.1946; (ii) school leaving certificate issued by the Head of GSAS Inter College Mursan (Hatras) U.P. which again records his date of birth to be 19.12.1946; (iii) three medical certificates dated 21.5.1996, 21.5.1998 and 26.5.2000 issued by the District Medical Officer when Pratap Singh undertook medical treatment and in which his date of birth recorded was 19.12.1946; (iv) certificate issued by the Station Masters of different Railway Stations where Pratap Singh had worked between the years 1980 till the year 2003 all of whom certified that as per the record maintained at the Railway Station Pratap Singh's date of birth was 19.12.1946; and (v) a certificate issued by the North-Eastern Railway Employees' Cooperative Bank certifying that as per their record Pratap Singh was born on 19.12.1946.

(3.) All the aforesaid documents were produced before the General Manager Railways who was to decide whether while reconstructing the service record of Pratap Singh an error took place when his date of birth got recorded as 7.11.1943.