UNION OF INDIA Vs. PUNIT

JUDGEMENT

(1.) Heard learned counsel for the parties. It is an old adage that law is good but justice is better.

(2.) The appellant-Union of India has questioned the correctness of the impugned judgment of the Tribunal dated 21st February, 2019 in OA/050/00211/2018, whereby the claim of the respondent-applicant challenging the recovery proceedings initiated against him on the ground of an incorrect date of birth has been allowed and the respondent-applicant has been treated to have been retired from the date he was told not to come to work together with all consequential pecuniary benefits.

(3.) The case of the appellants squarely is to the effect that the respondent-applicant himself was aware of the date of birth recorded in the Service Book as well as in the Medical Certificate and, therefore, any denial by him to that effect is contrary to record. In the wake of the aforesaid position of the correct recording of date of birth, the date of retirement of the respondent-applicant cannot travel beyond 60 years after 21st of December, 1953.