ANTARYAMI NANDA Vs. BOARD OF MANAGEMENT PRADEEP PORT

JUDGEMENT

(1.) THE Order Dated 23rd October, 2009 passed by the Deputy Secretary (P & IR), Paradip Port Trust vide Annexure 4 rejecting the representation filed by the Petitioner & declining to change/correct his date of birth recorded in the service book, is assailed in this Writ -Petition. The Petitioner joined in Paradip Port Trust service on 7th September, 1972. In the service book the date of birth of the Petitioner was mentioned as 28th February 1947. The said entry was made in accordance With the H.S.C. Certificate granted by the Board of Secondary Education, Orissa. According to the Petitioner on coming to know that his date of birth has been wrongly entered & his correct date of birth was 8th April, 1951, he filed a representation before the Paradip Port authority for correction of the same. Instead of taking any action, it is alleged, steps were taken to superannuate him as per the date of birth recorded in the service book. Being aggrieved the Petitioner had approached this Court earlier in W.P.(C) No. 2839/2005. The said Writ Petition was disposed of on 6th September 2005 & the following order was passed:

(2.) THE Petitioner, however, went on submitting representations before the authorities thereafter. He was superannuated w.e.f. 28th February 2005 on attaining the age of 58. The representation filed by the Petitioner was disposed of by the impugned order dtd. 23rd October, 2009 with the following observation;

(3.) IN view of the aforesaid submissions, two questions arise for consideration; (1) as to whether the reasons assigned in Annexure 1 that the belated application filed by the Petitioner should not be considered, is justified or not & (2) whether the plea taken by the Petitioner that his date of birth was corrected vide Annexure -2 after due enquiry should have been accepted.