1

OA No.1077/2021

Central Administrative Tribunal

Principal Bench: New Delhi

OA No. 1077/2021

Order reserved on: 30.11.2022

Order pronounced on: 11.01.2023

Hon’ble Mr. Manish Garg, Member (J)

Mona Srivastava

D/o Late Sh. A.P.Srivastava

W/o Sh. Shailesh

R/o 2A, Tilak Bridge,

Railway Colony,

Supreme Court Metro Station,

New Delhi-110001.

…Applicant

(By Advocate: Mr. Vishwendra Verma)

Versus

1. Railway Board

Through the Secretary,

Ministry of Railway,

Rail Bhavan, New Delhi-01.

2. The General Manager,

Northern Railway,

Baroda House,

Copernicus Marg,

New Delhi-110001.

… Respondents

(By Advocate : Mr. Piyush Gaur)

2

OA No.1077/2021

ORDER

This Original Application has been filed by the

applicant under Section 19 of Administrative

Tribunals Act, 1985, seeking the following relief(s):

―i)

To

quash

and

set

aside

the

Notice

No.762E/2203/EIA dated 15.01.2021 in the

interest of justice;

ii)

to declare that the respondents have no

right to arbitrarily change the date of birth of the

applicant as entered and recorded in the Service

Record as 12.05.1975 to declare that the

respondents are bound to work as per the law and

their action as per Article 225 of Code.

iii)

To declare that the respondents have no

right to change the date of birth of the applicant

from 12.05.1975 to 12.05.1973.

iv)

to pass any other and further orders as may

be deemed fit and proper in the interest of

justice.‖

2. Brief Facts:

2.1 The applicant is aggrieved by notice dated

15.01.2021

(Annexure

P-1)

issued

by

the

respondents, whereby her date of birth (DOB) has

been changed from 12.05.1975 to 12.05.1973 in

violation of principles of natural justice.

3

OA No.1077/2021

2.2 It is submitted that applicant was admitted to

the

Scindia

Kanya

Vidyalaya,

Gwalior,

MP

(hereinafter referred to as ‗School‘) in class 8 in

1986-87 and passed Intermediate Examination

from the same School in 1991. In the said School

her DOB was wrongly written as 10.05.1973 by the

School authorities due to clerical mistake. When

the father of the Applicant came to know about the

said clerical mistake, he submitted a Notarized

Affidavit

dated

16.11.1987

to

the

School

Authorities (Annexure A.2) stating that the correct

DOB of the applicant was 12.05.1975 and

requested for making correction in this regard. The

School Authorities changed the DOB of the

applicant from 10.05.1973 to 12.05.1973 and not

as 12.05.1975. Thus, the School committed a

mistake on which the applicant or her father did

not have any control. The father of the applicant

was, however, assured that correction in the DOB

of the applicant had been made as per the contents

of the Affidavit. The applicant and her father came

4

OA No.1077/2021

to know about the clerical mistake made by the

School

when

they

received

marksheet

and

Certificate of passing High School. The father of the

applicant had made several representations to the

School for correction of the DOB but no heed was

paid by the School authorities and thus, the

clerical error in the DOB of the applicant continued

in the marksheets and certificates of Class X and

XII.

The

applicant

under

compulsive

circumstances had to write her DOB as 12.05.1973

instead

of

12.05.1975

for

the

Engineering

examination, M.Tech examination, Union Public

Service

Commission‘s

examination

for

Indian

Engineering

Services

for

1998 examination.

Thereafter, she got selected in the said UPSC

examination and joined the Indian Railway Services

of Engineers (IRSE‘ 1998) and got appointed in

Indian Railways w.e.f. 20.09.1999.

2.3 The applicant, in terms of Article 225 (4 &

Railway Ministry‘s Decision (a) of IREC, got an

opportunity to correct her DOB as per the first

5

OA No.1077/2021

document available with her i.e., Municipal Record

of DOB wherein it is clarified that as per records

a