Requests for alteration of date of birth should be made within the specified time limit as per the Railway Board's Master Circular - 12, and acknowledgment of the recorded date of birth can impact the validity of subsequent claims.

JUDGMENT

V. Kameswar Rao, J. (Oral)

CM APPL. 37313/2023

Exemption allowed subject to all just exceptions.

Application stands disposed of.

W.P.(C) 9735/2023

1. The challenge in this writ petition is to the orders dated July 29, 2021, in the Original Application No.1309/2019 (`OA', for short) and order dated October 12, 2022, in R.A. No.69/2021 in OA 1309/2019, passed by the Central Administrative Tribunal Principal Bench, New Delhi (`Tribunal', for short) whereby the Tribunal has dismissed the OA as well as the review application filed by the petitioner herein.

2. The case of the petitioner in the OA was basically with regard to the change of his date of birth. As per the respondents, the petitioner's date of birth is July 6, 1961 whereas the petitioner was claiming his date of birth to be July 6, 1968. The petitioner was appointed as Casual Khalasi with the respondents in the year 1986. He was appointed as unscreened substitute (Cleaner) on July 13, 1994. It was his case that in the year 2013, he came to know that his date of birth in the monthly pay slip has been shown incorrectly. He made several representations for correcting the same since 2013. Finally, he filed OA No. 815/2018, the same was disposed of on February 20, 2018 directing the respondents to consider the representations of the petitioner and pass a reasoned order. The respondents passed the order dated June 25, 2018, rejecting the request of the petitioner for change of date of birth. It is this order which was challenged before the Tribunal.

3. The petitioner's case was that as per various documents submitted by him including Ration Card, Aadhaar Card and Pan Card, his date of birth is July 6, 1968. There is no dispute that he has retired on July 31, 2021. The reasoning given by the respondents while rejecting the representations of the petitioner are the following:

"Sub: Compliance order of CAT/NDLS Dt:20.02.2018 passed in OA No. 815/2018 in the matter of Sh. Mehar Singh s/o Sh. Phool Singh, Helper Carriage Cleaner/HNZM.

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The Hon'ble CAT/NDLS has disposed of the above said OA on 20.02.2018 at admission stage with the following directions

"Accordingly, respondents are directed to decide the representation of the applicant dated 08.04.2016 & 21.10.2017 and pass a reasoned speaking order with in a period of four weeks from the receipt of certified copy of the order. The OA is disposed off. It is mode clear that nothing has been commented on merits of the case" With reference to above, it is being reiterated that you were appointed on 13.07.94 as cleaner in mechanical department. In your service record your Date of birth is mentioned as 06.07.1961. This record has been seen & endorsed by you on two dates i.e. 24.08.99 & 24.07.14. This can clearly be seen in your service record (Annexure-1).

You have now requested after 24 years of service that your date of birth is incorrect & that the same may be changed. As per Mater Circular 12 regarding "procedure for recording date of birth on entering railway service" It is clearly mentioned that the date of birth recorded in accordance with rules shall be held to be binding & no alteration of such date shall ordinarily be permitted. Taking into account the above policy of Railway Board & the fact that you have been shown your service record twice, with, your clear signature, the competent authority has decided that your claim after 24 years of service for change in date of birth is not tenable.

The orders of Hon'ble CAT may henceforth be considered complied with.

Senior Divisional Personnel Officer-II
Delhi Division, Northern Railway"

4. The Tribunal has rejected the OA by stating in paragraphs 5 to 8 as under:

"5. After perusing the record, it is evident that the OA has not been drafted carefully and suffers from various anomalies and mistakes including the very crucial DOB. In Para 1.3 of Page-2, the incorrect DOB of the applicant (as per the applicant) is mentioned as 07.06.1961. Similarly on Page-8, Para-8 i.e.