UNION OF INDIA Vs. K. CHANDRAIYA

JUDGEMENT

(1.) Heard Mr. H.K. Das, learned counsel representing the petitioners as well as Mr. M. Dutta, learned Counsel for the respondent.

(2.) To trace few relevant dates chronologically, the respondent was initially engaged as a Project Casual Labour under the establishment of the appellant on 16.10.1975. He worked off and on and eventually was granted Temporary Status w.e.f. 25.09.1984 vide order dated 24.11.1986. In the list of Casual Labours who had been granted Temporary Status, the name of the respondent figured at serial no. 96, with the date of birth shown as 16.10.1953. For removal of doubt, the respondent's name was initially K. Trinath, which was subsequently changed to his present name K. Chandraiya. At serial no. 96 of the Temporary Status List, he is therefore shown as K. Trinath.

(3.) On his entry into regular service, Service Book was opened and the date of birth recorded in the opening page of the Service Book is 16.10.1953, similar to the one as recorded in the aforesaid Temporary Status order. His educational qualification is shown as having read up to Class-V. The opening page contains his finger impressions including his left hand thumb impression, duly attested to by an officer in the rank of the Executive Engineer, N.F. Railways, Maligaon. This position with regard to his date of birth as shown in the order granting Temporary Status as well as in the opening page of the Service Book remained unaltered and unaffected although in certain other documents, say in the Provisional Seniority List published in the year 1997, 2000 and 2005, his date of birth was shown as 16.10.1959. In some other documents, say in the various provident fund temporary withdrawal slips/ documents, the date of birth of the respondent are shown as 16.10.195 Besides, in one of the documents i.e. the Medical Fitness Certificate dated 08.04.1987 issued by the Assistant Medical Officer, N.F. Railways, Maligaon, his age is recorded as 33 years 5 months 8 days as on 08.04.1987, which on calculation works out to his birth year being 195