ORDER

Per : Hon’ble Shri Lok Ranjan, Member (A)

The Applicant in the present Original Application is aggrieved by the impugned Orders dated 02.04.2018 of the Disciplinary Authority and 19.06.2018 of the Appellate Authority under the Respondent Department of Posts in connection with punishment imposed upon him after a disciplinary proceeding for attempting to present a reduced age than that on the records ; and for non-consideration of his claim for revision of his date of birth.

2. On the basis of the pleadings on record, the matrix of relevant facts in respect of the issue in the present O.A. emerged to be as follows. In response to the Advertisement of the Department of Posts dated 07.09.1992 issued by the Assistant Superintendent of Posts (ASPs), Dausa for filling up of a temporary vacancy, the Applicant applied for engagement as Extra-Departmental Mail Carrier (EDMC) at Bassi, Headquarter Ghat-gate, Jaipur ; and vide Memo dated 08.10.1992 of the ASPs Dausa, the Applicant was engaged as EDMC at Bassi, Headquarter at Ghat-gate, Jaipur. At the stage of completion of the formalities related to his joining thereupon, his date of birth was recorded as 10.06.1964 and the educational qualification was recorded as Secondary (i.e. Class-X) qualified in 1982. Eventually, pursuant to due approvals, the Applicant – who was working then as GDS Mail Carrier (GDSMC) at Bassi, Dausa Sub-Division under Jaipur Mofussil Division – was transferred to Jaipur City Division vide the Memo dated 01.06.2002 of the ASPs Dausa. This transfer was done at his own cost and request, purely as a very special case on humanitarian ground ; and was subject inter alia to the condition that his placement will be treated as fresh appointment and he will forfeit his past service for seniority and will be ranked junior-most to all regularly appointed GDS of the new unit. The Applicant had thereafter joined under the Jaipur City Division and was posted at the Kartarpura Post Office ; whereupon his date of birth was recorded as 01.07.1969 and the educational qualification was recorded as Class-VIII qualified.

3. Subsequently, in light of the significant difference in the Applicant’s recorded dates of birth – as 10.06.1964 at the stage of appointment in Jaipur Mofussil Division in October- 1992 ; and as 01.07.1969 at the stage of joining on transfer under Jaipur City Division – departmental proceedings were initiated against the Applicant vide Memo dated 07.02.2018 (not presented as part of pleadings) under the provisions of Gramin Dak Sevak (Conduct and Engagement) Rules, 2011 [GDS (C&E) Rules-2011] - for not maintaining due integrity and devotion to duty by attempting to mislead the Department, by seeking to reduce his age for gaining undue advantage. After conclusion of the related proceedings, the Recruiting Authority (RA) had vide Order dated 02.04.2018 imposed the punishment of withholding of annual increase in Time Related Continuity Allowance (TRCA) without cumulative effect for a period of three years with immediate effect ; and also clarified that on the basis of the documents presented by the Applicant at the stage of initial engagement and his self-declaration that were available on Departmental records, the date of birth of the Applicant was to be deemed as 10.06.1964.

4. The Applicant had thereafter submitted an appeal dated 21.05.2018 under Rule-13 of the GDS (C&E) Rules- 2011 against the punishment Order dated 02.04.2018 of the RA. In consideration of the same, vide the Order dated 19.06.2018 of the Appellate Authority (AA) thereupon, the Order dated 02.04.2018 of the RA for withholding of annual increase in the TRCA without cumulative effect for a period of three years with immediate effect was confirmed. Further, the Applicant had thereafter submitted under Rule-19 of the GDS (C&E) Rules-2011 a Revision Application dated 21.05.2018 (not presented as part of pleadings) against the Order dated 19.06.2018 of the AA. In due consideration of the same, vide