OM PRAKASH Vs. CENTRAL ADMINISTRATIVE TRIBUNAL AND ORS

JUDGEMENT

(1.) We have heard learned counsel for the petitioner and learned counsel for the respondents.

(2.) The petitioner superannuated from employment in the Engineering Branch in Railways, in April, 2014, with his date of birth recorded in his service book as 22.4.1954. He had made a representation on 25.7.2012 about two years before his retirement to the Senior Divisional Personnel Officer, North West Railway, Jodhpur for recording his correct date of birth as 20.8.1956. He stated in the representation that in the seniority list, his date of birth is entered as 20.8.1956. In the seniority list dated 22.12.1986 prepared by the Assistant Engineer, Degana, his date of birth is correctly entered as 20.8.1956 at serial No. 390. He requested for correcting his date of birth in the computer slip for which he had made several oral requests. After sending reminder on 10.9.2013, a notice for demand of justice was sent by the petitioner and thereafter, Original Application No. 516/2013 was filed in Central Administrative Tribunal with the prayers to correct his date of birth as 20.8.1956 and further not to retire him prematurely treating his date of birth as 22.4.1954.

(3.) The Central Administrative Tribunal held that there was no clerical mistake in recording his date of birth as 22.4.1954 in his service book when he entered into the service. He had not only declared 22.4.1954, as his date of birth but had also signed the service sheet verifying the particulars. The Tribunal held that in view of the judgments of the Supreme Court in UP Madhyamik Shiksha Parishad and ors. v. Raj Kumar Agnihotri, 2005 11 SCC 465 and Executive Engineer, Bhadrak (RANDB) Division, Orissa and ors. v. Rangadhar Malik, 1993 Supp1 SCC 763 and judgment of CAT, Madras Bench in K. Durai Babu v. Union of India (OA No. 88/2012), an application for correction of date of birth cannot be entertained close to the date of retirement. A request for correction of date of birth cannot be made a few years before or at the fag end of the retirement.