K SUBRAMANIAN Vs. UNION OF INDIA AND ORS

JUDGEMENT

(1.) This Writ Petition is filed challenging the order passed by the Central Administrative Tribunal in Original Application No.3989 of 2011 dated 29.6.2011, wherein the petitioner challenged the order dated 18.2.2011 rejecting his request seeking alteration of date of birth and for a direction to the respondents to alter the date of birth of the petitioner as 22.12.1952 instead of 4.6.1951 in his service records, with all consequential benefits and forbear the respondents from superannuating the petitioner before 31.12.2012.

(2.) The Tribunal, noticing the fact that the petitioner entered into service in Indian Army in the year 1973 and considering the Rule, namely F.R.56, which states that Government servant can seek alteration of date of birth within 5 years of entry into service and the application seeking alteration of date of birth having been filed on the verge of retirement on 30.6.2011, dismissed the Original Application as well as the Review Application filed by him.

(3.) The only grievance expressed by the petitioner is that on 4.8.1995, he submitted a representation before the Income Tax Department, where he was employed from the year 1993 and therefore that application should be treated as application, filed within five years of entry into service. The said ground cannot be taken as a valid one, as the petitioner was selected in the Income Tax Department as an Ex-serviceman and while entering into Army Service, the date of birth given by the petitioner was 4.6.1951 based on the entry made in the SSLC Book and the same was not corrected. There may not be contra entries, one date of birth in the Army service and another date of birth in the Income Tax Department. Therefore, the said submission made by the learned counsel for the petitioner is not sustainable. Having regard to the fact that the petitioner relied on horoscope, based on which Srilankan authority has issued the Birth Certificate, the same cannot be taken as a valid document.