LAWS(JHAR)-2017-2-34

BAIJNATH YADAV Vs. MANAGING DIRECTOR, STEEL AUTHORITY OF INDIA LIMITED, BURNPUR, DISTRICT BURDWAN, WEST BENGAL

Decided On February 02, 2017
BAIJNATH YADAV Appellant
V/S
Managing Director, Steel Authority Of India Limited, Burnpur, District Burdwan, West Bengal Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the respondents.

(2.) The petitioner is aggrieved by the order dated 204.2016 passed by the Central Administrative Tribunal, Circuit Court, Ranchi, in OA/051/00092/16, whereby the application filed by the petitioner for correction in the date of his birth in his service records, has been dismissed by the Central Administrative Tribunal, holding that the application for correction of date of birth had been filed after about 44 years of joining service and in the meanwhile the petitioner had also retired on 31.07.2013. The Central Administrative Tribunal held that no request for change in the date of birth, on whatever ground, could be entertained closure to the date of retirement.

(3.) The admitted case of the petitioner is that petitioner was appointed as unskilled labour in the Steel Authority of India Limited, in the year 1972. According to the petitioner, his date of birth was recorded in his service records as 28.07.1953, which ought to have been 05.07.1955, as per entry in the matriculation certificate. The matriculation certificate relied upon by the petitioner has been brought on record as Annexure-1(a) to the writ application, which shows that the matriculation certificate was issued on 01.11.1971. In the certificate, the year 1972 is printed, which has been made 1971 by pen. It cannot be conceived that the matriculation certificate which was printed for the year 1972 could be pre-dated as 1971. The fact also remains that the petitioner who joined the service in the year 1972, made the prayer for correction in the date of his birth only at the fag end of his service, which was rightly refused by the Central Administrative Tribunal.