ARUN BIKASH CHAUDHURI Vs. UNION OF INDIA

JUDGEMENT

(1.) THE facts relevant to these proceedings are as follows : arun Bikash Chowdhury, the petitioner in this case, applied for admission to the Matriculation examination under the University of calcutta held in the year 1938 and in his application form stated that his age at the relevant time was 16 years and 11 months. The petitioner sat for the said examination and was successful. Matriculation certificate No. 11151 dated the 9th June 1938 was issued to the petitioner by the then Controller of Examinations, university of Calcutta. It was certified that on the 1st March 1938 the petitioner's age was 16 years and 11 months.

(2.) IN 1949 the petitioner joined the Indian Police Service. His career in the service was also successful. In 1966 he was promoted to the post of Deputy Inspector General of Police in the Special Police Establishment of the Government of india and in 1974 he was promoted to the post of a Special Inspector General of Police in the said Establishment.

(3.) ON the 4th December 1971, a Notification No. GS 1935 was issued by the Under Secretary to 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. 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. (5) In the case of a member of the Service referred to in such 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 such member a reasonable opportunity of being heard make an order determining the date of birth of such member. (6) Notwithstanding anything contained in this rule no date of birth other than the date of birth declared by a member of the Service, shall be 67 accepted or determined, in relation to such member except after giving such member as 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.