RAM NARAYAN Vs. CONSOLIDATION COMMISSIONER

JUDGEMENT

(1.) HEARD the learned Counsel for the appellant, Sri Amit Bose and Sri Anuj Kudesia, learned Counsel for the respondents. This special appeal challenges the order passed by the learned Single Judge dated 14th March, 2008, by means of which the claim of the appellant that his date of birth was incorrectly recorded in the service book because of which he was retired approximately four years before he could actually reach the ago of superannuation i.e. 58 years has been rejected.

(2.) THE claim has been rejected mainly on the ground that the appellant did not raise any objection against the entry of dale of birth recorded in the service book though it was reflected in the gradation list also, till the fag end of his career and therefore, he was not entitled to any relief.

(3.) THERE cannot be a law of rejection to be made applicable in all facts and circumstances of the case which has to be seen on its own facts. The conduct of the Government servant also plays a relevant role while exercising jurisdiction under Article 226 of the Constitution.