UNION OF INDIA Vs. PRAFULLA KUMAR SAHU

JUDGEMENT

(1.) THE Union of India, the Petitioner herein, have sought to challenge the Order Dated 13.2.2008 passed by the Central Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No. 473 of 2007, whereby, the Tribunal has been pleased to direct recording of the date of birth of the Opp. Party as 15.12.1949 instead of 15.12.1942 (as indicated in service records) and to reinstate the Opp. Party in the post of GDSMD, Jagamohan Branch Post Office till his age of superannuation.

(2.) MR . Mishra, Learned Asst. Solicitor General, appearing for the Union of India submitted that the Opp. Party -Shri Prafulla Kumar Sahu was employed as GDSMD at Jagamohan Branch Post Office since 5.4.1968. According to him, at the time of joining the post which was earlier known as EDDA and renamed as GDSMD, the Opp. Party submitted various documents indicating his date of birth as 15.12.1942. Mr. Mishra relied upon Annexure -2 which is the application dated 20.3.1968 submitted by the Opp. Party for the post wherein he has clearly mentioned that the applicant's age at the time of application was 25 years. He has further placed reliance on Annexure -3, copy of Transfer Certificate dated 1.7.1961 submitted by the Opp. Party at the time of applying for the Job which also indicates the date of birth of the Opp. Party as 15.12.1942. Accordingly it was submitted that termination of the services of the Opp. Party on superannuation on 14.12.2007 was effected on the Opp. Party attaining the age of 65 years.

(3.) ON consideration of the submissions advanced by the Learned Counsel for the parties, we deem it appropriate to quote Rule -281 of the P & T, F.H.B. (Vol -I) which reads as follows: