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2017 Supreme(Del) 142

VALMIKI J.MEHTA
OM PRAKASH – Appellant
Versus
AIRPORT AUTHORITY OF INDIA – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. D.K. Sharma, Advocate.
For the Respondent:Mr. Digvijay Rai, Advocate.

VALMIKI J. MEHTA, J

W.P.(C) 311/2017 and C.M. Appl. No. 1493/2017

1. By this writ petition under Article 226 of the Constitution of India the petitioner impugns the order of the respondent/Airport Authority of India/employer dated 17.4.2008 whereby the respondent/employer has concluded that the petitioner’s actual date of birth was 21.3.1947 but he manipulated the same in the official records wrongly to be 3.8.1948 at the time of giving papers for various welfare schemes in the year 2004. Accordingly, by the impugned order dated 17.4.2008 it has been ordered that whatever monetary benefits which the petitioner has received after the age of normal retirement from the respondent/employer should be recovered from the petitioner.

2. The impugned order dated 17.4.2008 reads as under:-

“CONFIDENTIAL

AIRPORTS AUTHORITY OF INDIA

DEPTT. OF PERSONNEL

No. AAD:PERS:CONF:OP – Attdt. (Apt.)/07/62

I.G.I. AIRPORT

NEW DELHI -110037

Dt. Apr. 17th, 2008

OFFICE ORDER

Sh. Om Prakash, Sr. Attdt. (Airport) s/o Sh. Fakira while filling the Bio-data Form at the time of joining in International Airports Authority of India furnished his date of birth as 21/03/1947.

2. In the year 2007, he had submitted Employees Declarat






















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