GOUTAM KUMAR NEOGI Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner herein filed an application before the learned Central Administrative Tribunal, Calcutta Bench for issuance of appropriate direction upon the respondent authorities in order to correct his recorded date of birth.

(2.) The said petitioner was appointed as 'Khalasi' on compassionate ground as his father died-in-harness on 26th December, 1974 while serving the respondent Railway authorities. It is stated by the petitioner that as per the school records his date of birth is 5.02.1960 which he declared at the time of entry into the railway service. It has been submitted on behalf of the petitioner that the aforesaid correct date of birth was regularly mentioned in the pay slips issued to the petitioner by the Railway authorities from time to time and, therefore, the petitioner had no occasion to doubt that his date of birth was erroneously recorded in the Service Book maintained by the respondent Railway authorities.

(3.) The petitioner from a reliable source came to know afterwards that the respondent Railway authorities were finalising the papers relating to his retirement on a pre-matured date treating his date of birth as 5.02.1950 instead of 5.02.1960 as was specifically mentioned in the certificate issued by the school authority which was produced by the said petitioner at the time of entry into the railway service. The petitioner thereafter, submitted a representation for correction of his date of birth when the said petitioner was instructed to affirm an affidavit before the 1st Class Magistrate for the purpose of correcting his date of birth. The petitioner accordingly affirmed an affidavit before the Judicial Magistrate, 1st Class, Chandernagore, Hooghly on 30th October, 2009 wherein the said petitioner specifically declared his date of birth as 5.02.1960.