SHIVAJI MALVIYA Vs. CENTRAL BANK OF INDIA

JUDGEMENT

(1.) SHIVAJI Malviya, the petitioner, admittedly joined the service in the Central Bank of India at Allahabad on 1-1-1961 as a clerla. He was promoted as Officer Grade I and joined as such on 13-3-78 at Zonal Office, Lucknow. At present he is posted as Accountant in Zero Road Branch of the Central Bank at Allahabad. According to him, he had given his date of birth as 29-6-1932 when he entered in the service and the same was recorded in the High School certificate also. In the year 1985 he was required to submit his bio-data after he was promoted as Officer Grade I in the year 1978 and then he noted the discrepancy in the date of birth and found that some body bearing grudge against him just to cause harm to him had made interpolation In his service records. On 20-4-1985 he submitted an application to the Branch Manager with a High School certificate, copy of which is annexure 3 to the writ petition, and the Branch Manager vide his letter dated 24-4-1985 referred the matter to the Regional Office, Varanasi, a true copy of which is annexure 4 to the writ petition. In his letter dated 24-4-1985 the Branch Manager had specifically mentioned that the photostat copy of the High School certificate was correct as he had seen the original of the High School certificate and therein the date of birth of the petitioner was recorded as 29-6-1932. He also recommended for correction of the date of birth of the petitioner. The petitioner again sent a reminder dated 26-9-1989, a true copy of which is annexure 5 to the writ petition. However, the petitioner did not hear anything from the Regional Office till he received a letter dated 7-2-199U from the Branch Manager which contained the reference of the letter dated 24-1-1990 from the Regional Office that bis request for correction of the age has been rejected as he had not applied earlier in accordance with the Circular Letter dated 2nd of October 1970. The petitioner, however, again sent a representation on 13-2- 1990 but that too was rejected and he was asked to retire on 30-6-1990. Being aggrieved, the petitioner has come up to this Court and has filed this writ petition on 19-5-1990.

(2.) THE Central Bank of India has contested this petition and in the counter affidavit it is averred by the Bank that in the Bank records through out the date of birth of the petitioner has been shown as 29-6-1930 and at no point of time till 1985 he had raised any protest against it. It is also averred that on 30-8-1986 in the bio-data Form submitted by the petitioner he himself has shown his date of birth as 29-6-1930. In the seniority list of the Officers in Junior Management Grade Scale I, which was circulated in all the Branches of the Bank, the date of birth of the petitioner has been shown v as 29-6-1930 and that was also not disputed by the petitioner till 1985. THE seniority list showing the Seniority of various Officers including that of the petitioner as on 1-4-1981 was circulated to all the Branches through the letter dated 5-12-1981. It is denied that any change in the records of the Bank has been made in the date of birth as alleged by the petitioner and that at the last stage when the petitioner was about to retire he has raised this plea for the purpose of extension of service.

(3.) THE conclusion, therefore, is that it cannot be denied that the date of birth of the petitioner is 29-6-1932 and according to the petitioner the same was recorded, but it has been interpolated by so me body.