MADAN MISSIR Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS writ petition is filed controverting the legality and validity of the judgment and order dated 9. 4. 2003 passed by the Central Administrative Tribunal, Guwahati Bench, Guwahati in Original Application No. 391/2002. The learned Tribunal dismissed the application filed by the writ petitioner praying for a declaration that he was born on 10. 6. 1953 and, consequent thereupon, to allow him to continue in service of the Railways.

(2.) WE have heard Mr. R. L. Yadav, learned counsel for the petitioner and Mr. S. Sarma, learned counsel for the Railways.

(3.) THE writ petitioner joined the services of the Railways as Dak Carrier with effect from 5. 8. 1971 initially on daily wage basis. He was given authorized pay with effect from 3. 6. 1972 and was confirmed in the post of Khalashi by the order dated 7. 9. 1978. In the meantime, his service book was prepared. In the service book, all necessary particulars were entered on 5. 6. 1974 showing his date of birth as 15. 12. 1942. The petitioner also put his LTI which were duly attested. That apart, he also put his signature in Hindi. There cannot be any dispute that the petitioner himself had declared his date of birth as on 15. 12. 1942 at the time of entry in service.