DELHI JAL BOARD Vs. ATTAR SINGH

JUDGEMENT

(1.) The writ petition has been filed by the petitioners aggrieved of the order passed by the Central Administrative Tribunal (for short "the tribunal) dated 27.11.2009 in T.A. No. 387/2009 setting aside the order dated 11.12.07 retiring the respondent from their services w.e.f. 31.10.2005 by taking his date of birth as 22.12.1945 instead of 10.08.1951 which was disclosed by the respondent on affidavit when he was initially appointed as a beldar/ daily wager.

(2.) The order passed by the petitioner retiring the respondent has been taken note of by the Tribunal in the impugned order. The said order is Annexure P-1 annexed with TA No. 387/2009 and reads as under: "The service of Shri Attar Singh S/o Shri Surat Singh,Fitter-1st class(Mech.) working with EE(SW)II who was due for retirement on superannuation on 31.10.2005 but could not be retired that day due to oversight is hereby retired from DJB services with immediate effect. However, the pensionary & terminal benefits will not be counted/allowed to him beyond 31.10.2005."

(3.) The respondent aggrieved by the aforesaid order approached the Tribunal for setting aside the aforesaid order by submitting that his date of birth was 10.08.1951 and not 22.12.1945 as taken by the petitioners while retiring him allegedly w.e.f. 31.10.2005. It was submitted that in rebuttal to the date of birth disclosed by the respondent in his affidavit given at the time of his initial appointment there was no admissible evidence with the petitioners to rely upon a different date of birth as has been done by the petitioners.