SULTAN AHMAD Vs. U P PUBLIC SERVICES TRIBUNAL

JUDGEMENT

(1.) S. C. Verma, J. The petitioner has challenged the order of U. P. Public Services Tribunal dated 6. 6. 1989 wherein the prayer of the petitioner for correction of his date of birth in the service book has been rejected.

(2.) THE order of the Tribunal has been assailed mainly on the ground that the respondents inspite of the direction of the Hon'ble High Court dated 8-12-1988 did not consider the date of birth as recorded in the original record when the petitioner entered into service. THE original record of the petitioner which was prepared at the time when he joined the service of the Cor poration has been taken into account. In absence of original record, the date of birth as recorded in the School Leaving Certifi cate and the medical report is liable to be accepted and the Tribunal committed error of law in disbelieving the same.

(3.) THE petitioner on the other hand has stated that he had filed the repesentation dated 23-10-1977 protesting that his date of birth is 1st July 1937 and not 2. 5. 1928. THE Tribunal held that the said representation dated 23-10-1977 is a forged document and there is no record to show that such repre sentation was received in the office of the Corporation in 1977. Moreover the petitioner had not. been able to give any explanation nor placed any material on record as to what transpired after 1977 and why he kept quiet and did not press his representation and it was only at the time when the notice for retirement was given, he has laid his claim.