SHANTILAL KESHAVLAL SHAH Vs. BANK OF BARODA

JUDGEMENT

(1.) The petitioner, a bank officer has raised a dispute regarding his birth date. According to him his correct birth date is 14.3.1934 and therefore he should have been continued in service till the end of March 1994 but he has been retired at the end of March 1993 on the ground that according to the respondent bank, his birth date is 14.3.1933 and not 14.3.1934.

(2.) When the petitioner entered bank service in 1955, his age was 22 years and he had also produced at the time of joining service the SSC certificate showing his birth date as 14.3.1933.

(3.) On 7.9. 1961 he made an application to the General Manager, Bank of Baroda, Baroda, stating that his birth date was recorded in the service book on the strength of SSC certificate submitted by him, i.e., 14.3.1933. According to him that date was not correct and his father while getting him admitted to the primary school gave this wrong date with faint memory. He stated that his correct birth date is 14.3.1934 as per his horoscope and therefore he sought correction of his birth date. This letter is at page 61 of the compilation. This letter of 7.9.1961 was considered within a week and by a letter dated 12.9.1961, the General Manager informed the Surat Branch where the petitioner was working that the bank could not change the date of birth of the petitioner recorded on the basis of SSC certificate on the strength of the horoscope submitted by the petitioner. It was further stated that if the petitioner so desired he might make an affidavit in this behalf and the same be forwarded along with his birth certificate for doing the needful and the original horoscope was returned.