BIKRAM CHARAN MUNDA, IES S/O SHRI LAMBA MUNDA Vs. UNION OF INDIA (UOI) REPRESENTED THROUGH ITS SECRETARY DEPARTMENT OF ECONOMIC AFFAIRS (IES DIVISION) MINISTRY OF FINANCE,

JUDGEMENT

(1.) THE Petitioner being aggrieved by the order dated 4th August, 2008 passed in OA No. 257/2008 by the Central Administrative Tribunal, Principal Bench, New Delhi, has filed the present writ petition.

(2.) THE Petitioner filed OA before the Tribunal asking to rectify his date of birth from 2nd July, 1949 to 27th September, 1953 in the service book. The Petitioner joined Indian Economic Service in November, 1979 on the base of 2nd July, 1949 as his date of birth. He enjoyed service till 2006. It is admitted fact that in between he has not made any representation/request to the Respondent for the correction of his date of birth. Only on 17th August, 2007 he made a representation along with the certificates stating that his date of birth is 27th September, 1953. His request was considered and rejected vide order dated 5th/6th December, 2007 and on subsequent representation vide OM dated 20th December, 2007.

(3.) THE Respondents have strongly opposed the contention of the Petitioner. They have stated that the Petitioner is an officer of the Indian Economic Service, therefore, Department of Economic Affairs is his cadre controlling authority, though presently the Petitioner is posted as Advisor in the Ministry of Tribal Affairs. As per the contention of the Respondents, the Petitioner joined Central Government Service on 8th November, 1979 and had himself declared his date of birth as 2nd July, 1949. After a lapse of 28 years, the Petitioner requested on 17th August, 2007 only for the first time to change his date of birth from 2nd July, 1949 to 27th September, 1953 when he was at the verge of his superannuation.