UNION OF INDIA Vs. VISHWAS JAYWANTRAO BHOSALE

JUDGEMENT

(1.) Rule in both petitions. At the request of and with the consent of learned counsel for the parties, Rule is made returnable forthwith.

(2.) The Union of India and State of Maharashtra filed the aforesaid two writ petitions to challenge the judgment and order dated 8 March 2016 passed by the Central Administrative Tribunal (CAT) allowing the Original Application No. 743 of 2014 instituted by respondent No.1, in the matter of change of his date of birth from 1 June 1956 to 5 October 1958.

(3.) In pursuance of recommendations of the Maharashtra Public Service Commission (MPSC), the respondent No.1 vide appointment order dated 18 January 1984 was appointed as Deputy Collector in the State of Maharashtra with effect from 6 February 1984. At the time of such appointment, his date of birth was recorded as 1 June 1956 in the service book. This was on the basis of School Leaving Certificate furnished by the respondent No.1 himself. It is the case of the respondent No.1 that by application dated 31 January 1989, he applied for change in the service record of his date of birth from 1 June 1956 to 5 October 1958. It is further his case that for almost eight years, the authorities took no action whatsoever in the matter. On 26 September 2000, the Divisional Commissioner, Pune raised some queries, which, respondent No.1 claims, were duly answered. On 30 March 2005, the respondent No.1 was promoted/inducted into the Indian Administrative Service (IAS) Cadre. On 15 December 2008, the State Government, once again raised certain queries, in pursuance of which the respondent No.1 furnished some documents on 18 September 2010. On 4 May 2011, the State Government, by order, declined to change the date of birth in service records.