A B CHAUDHURI Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal under Clause 15 of the Letters Patent is directed against the judgment passed by a single Judge of this Court disposing of a rule earlier obtained by Sri Arun Bikash Chaudhuri, the appellant herein, on a writ application. The facts and circumstances leading to this appeal may briefly, be stated as follows: The appellant sat for the Matriculation examination of the University of Calcutta, the respondent No. 2 herein, in the year 1938 and in his application form stated that his age at the relevant time was 16 years and 11 months. On being successful Matriculation Certificate No. 11151 dated June 9, 1938 was issued to him by the University authority. It was certified therein that on March 1, 1938 his age was 16 years and 11 months. In 1949 the appellant joined the Indian Police Service and was attached to the West Bengal Cadre; and in 1974 he was promoted to the post of Special Inspector General of Police in the Special Police Establishment of the Government of India.

(2.) On December 4, 1971 a notification was issued by the Government of India whereby the All India Services (Death-cum-Retirement Benefits) Rules, 1958 was amended. By the said amendment, the following rules were introduced:-- "16-A. Determination of date of birth. (1) For the purpose of the determination of the date of superannuation of a member of the service, such date shall be calculated with reference to the date of his birth as accepted, or determined, by the Central Government under this Rule". "Sub-clause 4-- (a) Every member of the Service holding office immediately before the commencement of the All India Services (Death-cum-Retirement Benefit) Amendment Rules, 1971, shall within three months from such commencement make a declaration as to the date of his birth; (b) On receipt of a declaration made under Clause (a) the Central Government shall, after making such inquiry as it may deem fit with regard to the declaration and after considering such evidence, if any, as may be adduced in support of the said declaration, make an order, within four months from the date of such declaration determining the date of birth of such member.

(3.) In the case of a member of the Service referred to in Sub-rule (3) or Sub-rule (4), as the case may be, who fails to make a declaration in respect of the date of his birth as required by such sub-rule, the Central Government shall after taking into account such evidence as may be available to it, and after giving suds member of reasonable opportunity of being heard make an order determining the date of birth of such member, 6. Notwithstanding anything contained in the rule no date of birth other than the date of birth declared by a member of the Service, shall be accepted or determined, in relation to such member except after giving such member a reasonable opportunity of showing cause against the proposed action. 7. Every date of birth accepted, or determined, under this rule shall, subject to Rule 16B, be final."