BISHESHWAR NATH PRASAD Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THIS appeal is directed against the order dated 22.8.2002 passed by the learned single judge dismissing the writ application filed by the appellant for quashing the order by which he has been ordered to superannuate with effect from 31.8.2002 by treating his date of birth as 23rd August, 1945 and to treat his date of birth as 13th November, 1948.

(3.) THE case of the appellant is that he passed Matriculation Examination in 1966 and his date of birth mentioned in the Matriculation Certificate is 13th November, 1948 but in the Service book wrong entry was made as 23rd August, 1945. In the year 1990, the Principal, Central Training College -1, C.R.P.F., Neemuch issued noticed calling upon the appellant to make a representation for correction of his date of birth and the appellant applied for correction on the basis of Matriculation Certificate. Thereafter, a communication was made to appellant on the basis of the order passed by the I.G., C.R.P.F. that his claim with regard to change of date of birth has been accepted and his date of birth has been fixed as 13th November, 1948. Further case of the appellant is that once in 1990 correction was made in the date of birth, then the authority was not justified in treating his date of birth as 23rd August, 1945 without giving any opportunity of hearing to the appellant. The documents, as contained in Annexures -1 and 2 to this appeal, do show that the authorities also treated his date of birth as 13th November, 1948 and not 23rd August, 1945 and the decision to superannuate him treating his date of birth as 23rd August, 1945 is against the records maintained in the office.