UNION OF INDIA Vs. Y P MADAN

JUDGEMENT

(1.) THE petitioners UOI and Anr. has challenged the order dated 1st February, 2010 passed by the Central Administrative Tribunal, Principal Bench in OA 2259/2009 titled as ,,Sh. Y.P. Madan Vs. Union of India and Another directing the petitioners to take steps to verify the certificate issued by NDMC about the date of birth of the respondent and in case the petitioners are satisfied, to make necessary changes in the date of birth of the applicant from 26th May, 1950 to 31st August, 1950 and order dated 31st August, 2010 passed in CP 500/2010 directing the petitioner to deem the respondents retirement as per the verified date of birth of the respondent as 31st August, 1950 and to grant arrears of pay and allowances accordingly within a period of four weeks from 31st August, 2010.

(2.) BRIEF facts to comprehend the controversies between the parties are that the respondent was appointed as a Work Charged employee in the office of the Station Engineer, Central Stores, AIR, Akashwani Bhawan from 22nd January, 1981. The appointment of the respondent was temporary but later on was got permanent with the work. Since the respondent continued to work for more than 4? years, the petitioners decided to convert the work charged establishment to regular basis and the respondent was appointed on regular basis by order dated 16th October, 1985.

(3.) FROM 1987 till 2009, for 22 years, the respondent did not seek change of his date of birth from 26th May, 1950 to 31st August, 1950. However, in 2009, the respondent contended that ever since he joined the Govt. service, the increment used to be granted with respect to the month of joining and consequently he used to get his increment for the post of Clerk Grade-II in the month of January, till the year 1986. Thereafter, he started getting up his increment in February, due to stepping up of pay and again from January, 2005 when he got 2nd ACP. According to the respondent, the 6th Central Pay Commissions Recommendations were brought out as Revised Pay Rules 2008, under which the recommendations were accepted retrospectively w.e.f. 1st January, 2006 and increments were to be granted on the 1st July of the year and thus, the respondents increment had been postponed from January to July of every English calendar month.