KALUA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard finally, With the consent of parties.

(2.) The order of Central Administrative Tribunal, Jaipur Bench, Jaipur dated 17th March, 2011 in Original Application No. 489/2009 is under challenge in this writ petition, preferred on behalf of applicant/petitioner, whereby his Original Application, against order dated 25th May, 2009 passed by respondents, has been dismissed.

(3.) Briefly stated, the facts of the case are that petitioner filed an original application before the Tribunal, wherein it was averred by him that he entered into the services of respondents by mentioning his date of birth as 12.1.1960 and on the basis of said date, an identity card was issued by the respondents, showing his name, post, same date of birth and date of appointment. The same date of birth was also mentioned in his PAN card issued by the Income Tax Department. Similarly, in the certificate of Physical Fitness of Employee issued to the applicant by the Railway Medical Examiner, the same date of birth of petitioner was mentioned as 12th January, 1960. He further submitted that he remained under bona fide belief that the date of birth of applicant is 12.1.1960 and therefore his date of superannuation will be 12.1.2020. He further submitted that all of a sudden, the respondents issued an order dated 25th May, 2009, wherein it was stated that date of birth of applicant is 2nd July, 1948 and his date of superannuation was 31st July, 2008. Therefore, he has over stayed, therefore, salary and allowances of overstaying period will be recovered from him. He submitted a representation before the respondents, but the same was rejected vide order dated 25th June, 2009.