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1995 Supreme(SC) 236

A.S.ANAND, M.K.MUKHERJEE
Union Of India – Appellant
Versus
Kantilal Hematram Pandya – Respondent


Advocates:
ARVIND SHARMA, C.V.SUBBA RAO, INDU GOSWAMI, K.T.S.Tulsi, M.N.SHROFF, R.P.BHATT, RIMA BHANDARI

JUDGMENT

Dr. ANAND, J. :—Leave granted

2. The respondent entered Railway service on 1-7-1955 giving his date of birth as 6-9-1930 at the time of entry into the service . That date of birth was entered in his service record. On the basis of the said date of birth, the Railway Administration issued orders on 5-2-1988/8-3-1988 for the retirement of the respondent w.e.f. 30th September, 1988, on attaining the age of 58 years. The respondent protested. According to him, his correct date of birth was 4-9-1934 and not 6-9-1930 and he was liable to be retired from service only on 30th September, 1992. The order of the Railway Administration directing retirement of the respondent with effect from 30th September, 1988 was challenged by him through OA No. 283/87 before the Central Administrative Tribunal Ahemadabad. By its order dated 26-8-1988 the Tribunal partly allowed the application directing as under :

"The decision dated 5th February, 1988 of the competent authority communicated to the petitioner under letter dated 8-3-1988 is hereby quashed and set aside. It is directed that either the general Manager or his delegate C.P.O. of the respondent Railway Administration shall inform the peti














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