ORDER

1. Leave granted.

2. There was a dispute as to the date of birth in the service record of the respondent. The date of birth recorded was 01.01.1956 on the basis of which he was retired on 31.01.2014. The respondent, in the month of January, 2014, submitted a representation that as per his date of birth he should have been retired on 31.12.2014. He claimed his date of birth to be 01.12.1956.

3. We have heard learned counsel for the parties and perused the original file produced by the appellant/employer and the various other documents placed on record.

4. The case set up by the employee/respondent himself is that in the year 2003 a list was published indicating date of birth of the various employees and the representations were invited. The case of the employee is that he has submitted a representation in the year 2003 for correction in the date of birth from 01.01.1956 to 01.12.1956. However, the employer had emphatically denied the same and contended in the reply that no such representation had been received, be that as it may.

5. The affidavit filed by the employee indicated that he was well aware that his date of birth had not been corrected by the employer on the basis of