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2002 Supreme(SC) 2108

B. N. KIRPAL, K. G. BALAKRISHNAN, ARIJIT PASAYAT
Gendalal – Appellant
Versus
Union of India – Respondent


ORDER :

B.N. Kirpal, CJI.

Special leave granted.

2. In the present case, the appellant was appointed as a gangman on 22-4-1964 and the date of birth which was recorded was 14-6-1941. As per the school certificate his actual date of birth was 4-6-1945 and he made representation for correction of the date of birth. This first representation was made on 5-12-1970. He continued to make representations and supply documents as required by the respondents till 22-4-1974. After a gap of nearly 21 years the respondents wrote a letter to the appellant on 6-3-1995 asking for some more documents which as per the order of the Central Administrative Tribunal was complied with. Ultimately, nothing was heard and on 5-1-2001 a cryptic order was passed in which it was observed as follows :

    "With reference to your letter quoted above, it is advised that the request for change in date of birth 32 years after appointment and 6 months prior to retirement is not tenable and hence rejected."

3. The application of the appellant for relief before the Central Administrative Tribunal was unsuccessful because the Tribunal was of the view that the last representation was in 1974 and he has come to the Tribunal at th

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