UNION OF INDIA Vs. R N GOEL

JUDGEMENT

(1.) PETITIONER, Union of India, through this writ petition assails the order/judgment dated 4. 3. 2002 passed by Central Administrative Tribunal, principal Bench, New Delhi in OA No. 1634/2001 ( hereinafter referred to as the impugned order ). The Tribunal, vide the impugned order, directed the petitioners herein to treat the date of the respondent's birth as 8. 12. 1940 instead of 1. 4. 1940 and to pay him all allowances as also retiral benefits on the basis that the applicant retired on reaching the age of superannuation on 31. 12. 2000. Further the petitioners were directed to pay interest on the aforesaid amounts @ 10% per annum from due date upto the actual date of payment. The Tribunal proceeded on the ground that order dated 19. 1. 2001, passed by it in OA No. 172/2000, holding that there were no irregularities on the part of applicant in so far as the date of birth is concerned, had not been challenged in appeal, and was, therefore, final.

(2.) FACTS culminating in the filing of the writ petition may be noted briefly.

(3.) COUNSEL for petitioner submitted that neither Central P. F. Commissioner nor any subordinate officer has the power and competence to accept alteration in date of birth of any employee under their control. Counsel relies on FR 56 (c) in support of the above contention. Petitioner averred in the petition that Ministry of Labour, Government of India is the concerned department in the government for the purpose of FR 56 to consider and decide the representation of respondent regarding allowing alteration in his date of birth. He urged that according to the rules, the case of the respondent was referred to Secretary to the Government of India, Ministry of Labour for taking decision on representation of respondent. He urged that respondent even after superannuation did not make any representation to the Competent Authority. He submitted that the respondent did not raise the issue relating to his date of birth before the Competent Authority from 1987 to 1998. He further submitted that issue of alteration in date of birth was decided by the Competent Authority in the year 1987 itself.