LAWS(APH)-2018-8-10

P LACHAIAH S/O NARSHIMA Vs. UNION OF INDIA, REP BY ITS UNDER SECRETARY MINISTRY FOR FOOD AND AGRICULTURE, NEW DELHI AND OTHERS

Decided On August 13, 2018
P Lachaiah S/O Narshima Appellant
V/S
Union Of India, Rep By Its Under Secretary Ministry For Food And Agriculture, New Delhi And Others Respondents

JUDGEMENT

(1.) This writ petition is filed praying to direct the respondents 2 to 5 to record the petitioners date of birth as 1.7.1969 and to continue the petitioner in service based on the said date of birth by holding the action of respondents 2 to 5 in not correcting the petitioners date of birth wrongly printed as 1.7.1958 on Central Provident Fund (For short CPD) slip as unjust and unreasonable.

(2.) Heard learned counsel for petitioner Sri M Venkat Ram Reddy and learned standing counsel for Food Corporation of India Sri B Krishna Mohan.

(3.) With effect from 1.8.2003, petitioner was enrolled as Direct Payment System Worker on minimum guaranteed wages as a Head Loader. According to petitioner, as he is an uneducated person, his age was assessed by the Government Medical Officer and based on such assessment, his date of birth was determined as 1.7.1969 and accordingly in the list prepared on 13.1.2004, date of birth was recorded showing as 1.7.1969, however, in the Contributory Provident Fund slip, his date of birth was recorded as 1.7.1958 and based on the said entry, petitioner was sought to be retired from service. According to petitioner, when he came to know about this wrong entry made, he submitted representation on 24.11.2014 followed by representations dated 17.10.2015 and 4.10.2016, however, so far, the request made by the petitioner for correction of date of birth is not acted.