UNION OF INDIA Vs. BHAIYALAL NAI

JUDGEMENT

(1.) This petition, under Article 227 of the Constitution, is directed against the order dated 10.9.2009 passed by the Central Administrative Tribunal, Jabalpur Bench (in short, the Tribunal ) whereby it has allowed the respondent s Original Application No.693/2008.

(2.) On 2.5.1980 the respondent was appointed in the Grey Iron Foundry, Jabalpur, as Labour B . At the time of appointment, the respondent produced a transfer certificate dated 15.3.1976 issued by the Government Pre-Middle School, situated at Lauri, Tahsil Sirmour, District Rewa, showing his date of birth as 20.9.1954. On the basis of this transfer certificate the date of birth of respondent was recorded as 20.9.1954 in his service book. After about 20 years, on 21.11.2001 the respondent was transferred to Ordnance Factory, Khamaria, Jabalpur, of which petitioner nos.2 and 3 are the General Manager and Joint General Manager. At the time of verification of the respondent s date of birth by the Accounts Office, it was found that the transfer certificate dated 15.3.1976 annexed to his service book was not legible because it was in 2 torn condition. Therefore, an affidavit was sought from him in this regard. The respondent submitted his affidavit on 24.1.2006 and stated therein that he is class sixth pass. But his transfer certificate dated 15.3.1976 showed that he was class seventh pass. This difference created suspicion in the minds of petitioners. Hence, by letter dated 20.7.2006 they requested the Government Pre-Middle School, Lauri, to provide a duplicate of the transfer certificate dated 15.3.1976 for verification of the date of birth of respondent. The school accepted the request by sending duplicate transfer certificate of the respondent along with its letter dated 3.8.2006. The duplicate transfer certificate was identical to the transfer certificate dated 15.3.1976 in all respects but for the date of birth of respondent. In the duplicate transfer certificate the date of birth of respondent was shown as 20.9.1948 and not 20.9.1954 as mentioned in the transfer certificate dated 15.3.1976.

(3.) Difference in the dates of birth of respondent entered in the aforesaid two transfer certificates persuaded the petitioners to call for clarification vide letter dated 28.8.2006 from him. In the letter, the respondent was also called upon to explain why his correct date of birth be not considered as 20.9.1948 and the same be entered in the service book instead of 20.9.1954. The respondent along with his reply dated 25.9.2006 submitted a copy of the transfer certificate dated 16.9.2006 issued by another school namely Government Primary School, Mahajan Kendra, Padua, District Rewa, and also his affidavit declaring therein that his correct date of birth is 20.9.1954. Dissatisfied with the reply, the petitioners by letter dated 27.10.2006 asked the respondent to provide the details i.e. name of the school, its address, year of passing and class passed mentioned in the certificate submitted at the time of his appointment but he did not give any reply. The transfer certificate dated 30.8.2006 issued by the Government Pre-Middle School, Lauri, District Rewa, and the transfer certificate dated 16.9.2006 submitted by the respondent reflected his different dates of birth. The petitioners, therefore, requested the District Education Officer, Rewa, to investigate into the genuineness of the certificates in respect of the date of birth of respondent. The District Education Officer, after examining the records, by his letter dated 24.4.2008 informed the petitioners that the correct 3 date of birth of respondent is 20.9.1948 and not 20.9.1954 as claimed by the latter.