UNION OF INDIA Vs. JAGDEV

JUDGEMENT

(1.) The present Writ Petition has been filed by the petitioners under Article 226 of the Constitution of India, inter alia, praying for quashing the order dated 11.3.2005 passed by the Central Administrative Tribunal, Allahabad Bench, Allahabad (in short "the Tribunal") allowing Original Application No. 1193 of 1998, filed by the respondent. It appears that the respondent was appointed on 31.10.1982 on the post of Labour 'B' in Field Gun Factory, Kanpur. It appears that an Attestation Form dated 16.8.1982 (Annexure-4 to the Writ Petition), which was signed by the respondent on the said date, was filled-up giving various particulars in regard to the respondent. In Column No. 7 of the said Form, the date of birth was mentioned as '19.7.40', and the "present age" as on 16.8.1982 was mentioned as '42 years'. In Column No. 10 of the Attestation Form dealing with educational qualification, it was stated that "kakchha panch mein parhta tha".

(2.) It further appears that as no documentary evidence regarding date of birth was available with the respondent, medical opinion regarding age of the respondent was taken, and as per the Medical Certificate dated 30.10.1982, the date of birth of the petitioner was recorded in the Service-Book as "30.10.1940". Photo-stat copy of the relevant extract of the Service-Book is annexed as Annexure-1 to the Writ Petition.

(3.) It further appears that at the time of first appointment, the respondent gave various particulars in a Form dated 30.10.1982, copy whereof is annexed as Annexure-5 to the Writ Petition. In Column No. 4 of the said Form, the date of birth of the respondent was mentioned as '30.10.40'. In Column No. 21 of the said Form dated 30.10.1982, it is further mentioned by the respondent that "main school mein parha likha nahin hun."