UNION OF INDIA AND ORS Vs. BHAGWAT LAL

JUDGEMENT

(1.) The present petition assails an order dated 04.10.2016 passed by the Central Administrative Tribunal, Principal Bench, New Delhi in O.A. No.788/2015, allowing the O.A. filed by the respondent and directing the petitioners herein to correct the respondent s date of birth in his service book, as being 01.07.1959. The respondent had preferred the aforesaid O.A being aggrieved by the entry of his date of birth by the petitioners/Northern Railways as 01.12.1956 in his service book and by their subsequent refusal to correct his date of birth in the same, despite repeated representations.

(2.) The brief facts as emerge from the record are that the respondent, a Technical Grade II/ Carriage & Wagon, was engaged by the petitioners/Northern Railways as a Casual Labourer w.e.f. 15.07.1977 to 14.11.1977 and was thereafter, posted as a Khallasi and given a temporary status on 25.09.1990. The respondent was subsequently promoted to Technical Grade III and thereafter, to Technical Grade II, which post he was holding at the time of filing of the O.A.

(3.) On 24.07.2009, the respondent submitted a representation to the petitioners/Northern Railways requesting for correction of his date of birth in his service book on the premise that upon perusal thereof, he had learnt that his date of birth had been wrongly recorded as 01.12.1956, instead of his actual date of birth, which was 01.07.1959. Alongwith his representation, the respondent also enclosed his transfer certificate and character certificate dated 16.07.1979 issued by the Education Department, Government of Rajasthan in which his date of birth was shown as 01.07.1959.