Back
2009 Supreme(Gau) 927
IN THE HIGH COURT OF GAUHATI
Anima Hazarika, J.
Ananda Saikia - Appellants
Vs.
Union of India (UOI) and Ors. - Respondent
Writ Petition (C) 282 of 2009
Decided On: 22.12.2009
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: P.J. Saikia and J.C. Borah, Advs.
For Respondents/Defendant: D. Choudhury, Adv.
Headnote:
Constitution of India,1950 - Article 226 - Appointed as Fireman - Superannuation - Date of birth - Challenged - Petitioner was appointed as Fireman by the Assistant Director, Aviation Research Centre, Government of India vide memorandum No. in office at Doom Dooma and accordingly he joined in service - At time of appointment he was asked to submit all the certificates and documents which he had duly submitted and accordingly his date of birth was recorded as 17 years 10 months as on meaning thereby that he was born on whereas his date of birth was recorded in his service book and during year - Petitioner was born on which is reflected in School Leaving Certificate dated issued by Headquarter, Bhadoi High School, District, wherein it was specifically demonstrated that petitioner had left School on and his age on that day was 17 years 10 months which was submitted at the time of entry in service including attestation Form (C) on which basis petitioner is to go on superannuation on whereas the respondent authority has recorded his date of birth as on which was apparently wrong and on wrong entry of his date of birth he would superannuate – Held, Period of limitation for seeking correction of the date of birth of Government servant viz. to discourage stale claims and belated applications for alteration of date of birth recorded in service-book at time of initial entry - It is duty of the courts and tribunals to promote that intention by an intelligible and harmonious interpretation of rule rather than choke its operation - Petitioner herein has entered into service - Date of birth in his service book was recorded and even date of retirement was also fixed - Petitioner has served Department for two months less than forty years - Within almost about forty years petitioner for the first time sought for correction of date of birth in his service record on 39th year, which cannot be entertained at a belated stage and the request so made has been rightly denied by respondent authorities - It would be appropriate to refer the decisions rendered by Apex Court relating to change of date of birth in service record wherein court did not encourage to alter/change date of birth in service record at a belated stage - Learned Counsel appearing for the petitioner has prayed for issuing a direction to authority for releasing pension as well as retirement benefit to petitioner at an early date - There is substance in the prayer so made - Respondent authorities are hereby directed to take necessary steps for releasing pension and other retirement benefit to the petitioner at earliest, preferably within four months - Petition dismissed.
Anima Hazarika, J.
1. Heard Mr. P.J. Saikia, learned Counsel, appearing for the petitioner. Also heard Mr. D Choudhury, learned Central Government counsel appearing for the respondents.
2. The petitioner herein calls in question the legality of the Office Memorandum dated 30.1.2008, 12.3.2008 and 13.8.2008 respectively whereby and whereunder the official respondents rejected the claim of the petitioner to alter his date of birth in the service record and consequent thereto the petitioner was asked to submit pension paper immediately. The instant writ petition has been filed invoking power under Article 226 of the Constitution of India for setting aside the above orders and further for a direction to the respondent authorities to correct the date of birth of the petitioner in the service record as on 1.03.1950.
3. The factual controversy lies within a very narrow compass, which is summarized herein below:
The petitioner was appointed as Fireman by the Assistant Director, Aviation Research Centre, Government of India vide memorandum No. 103(DDM)/68-69 dated 14.4.1969 in the office at Doom Dooma and accordingly he joined in the service. At the time of appointment he was asked to submit all the certificates and documents which he had duly submitted and accordingly his date of birth was recorded as 17 years 10 months as on 31.12.1967 meaning thereby that he was born on 1.3.1950, whereas his date of birth was recorded on 1.3.1949 in his service book and during the year 2008 the respondents have initiated for processing the pension papers showing his date of superannuation as on 28.2.2009, though, he is to retire on. 28.2.2010, if the date of birth is taken into consideration as on 1.3.1950 and, hence, challenged the orders as indicated hereinabove.
4. The facts pleaded in the writ petition is that the petitioner was born on 1.3.1950, which is reflected in the School Leaving Certificate dated 16.2.1968 issued by the Headquarter, Bhadoi High School, Lakhimpur District, Assam wherein it was specifically demonstrated that the petitioner had left School on 31.12.1967 and his age on that day was 17 years 10 months which was submitted at the time of entry in the service including the attestation Form (C) on which basis the petitioner is to go on superannuation on 28.2.2010, whereas the respondent authority has recorded his date of birth as on 1.3.1949, which was apparently wrong and on the wrong entry of his date of birth he would superannuate on 28.2.2009. Therefore, coming to know about the processing of his pension papers in the month of January 2008 itself, the petitioner had submitted representation before the Deputy Director(A), ARC, Doom Dooma whereby he had requested to correct his date of birth as 1.3.1950, which was turned down by the authority vide Office Memorandum dated 30.1.2008 holding that his request of change of date of birth at the belated stage cannot be acceded to, more so, when there was no representation against the seniority list published earlier where his date of birth was shown.
5. On receipt of the office Memorandum dated 30.1.2008, the petitioner once again represented on 3.3.2008 to the respondent authorities, contending, inter alla, that the seniority list as referred in the Office Memorandum dated 30.1.2008 was not shown to him and he was not aware of the seniority list. In the said representation, it was further contended that the petitioner's request was only for correction of date of birth in the service book given at the time of his joining in the service and for the same requested the authority to verify the records and correct the date accordingly, which was not acceded by the respondent authorities holding vide Memorandum dated 12.3.2008 that the decision contained in the Memorandum dated 30.1.2008 stands.
6. Since the respondent authorities did not alter the date of birth as sought for, the petitioner submitted another representation dated 4.4.2008 before the respondent No. 2 reiterating the said fa
