EAPEN Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is a case where manifest injustice and hardship have been visited on the petitioner by the impugned orders Exts. P-2 and P-4.

(2.) AT the time of institution of the Original Petition the petitioner was working as a Higher Grade Technician attached to the Auto telephone Exchange, Trivandrum , in the Posts and Telegraphs Department of the Central Government. He commenced his service in the Electricity (Telephone) Department of the erstwhile Travancore State on 23rd December 1946 as a lineman. The petitioner was taken over to the Posts and Telegraphs Department of the Central Government in 1950-51 consequent on the federal financial integration. In course of time he earned his promotions in the Department and was appointed as a Higher Grade Technician in 1962 in which capacity he was continuing to function at the time of filing the writ petition.

(3.) IT is contended on behalf of the petitioner that in passing the impugned orders Exts. P-2 and P-4 there has not been a fair or proper consideration of the facts and circumstances of the case and that not even any reasons have been stated in either of those orders for rejecting the request made by him which was duly supported by clinching evidence to show that the existing entry relating to the date of birth contained in his service register was clearly vitiated by a clerical error. The petitioner submits that natural justice and fairplay required that respondents Nos. 2 and 3 should have applied their mind to the facts pleaded by the petitioner and the evidence produced by him in support thereof and passed speaking orders in the matter.