CENTRAL ADMINISTRATIVE TRIBUNAL GUWAHATI BENCH [Reserved]

Original Application No. 040/72/2020 Reserved on: 21.01.2026 Date of Pronouncement: 05.02.2026 HON’BLE MR. SANJIV KUMAR, ADMINISTRATIVE MEMBER Between Shri Sanjoy Kumar Das S/o Late Bholaram Das Resident of Titabar, 2 No. Bebejia, Kachari Gaon, P.O. Purana Titabar, Dist- Jorhat, Pin-785632, Assam.

....Applicant -And-

1. The Union of India, Through the Secretary to the Government of India, Ministry of Textiles, New Delhi-110001.

2. The Member Secretary Central Silk Board, CSB Complex, BTM Layout, Madivala, Bengaluru-560068.

3. Director [Finance]

Central Silk Board (Ministry of Textiles, Govt. of India)

CSB Complex, BTM Layout, Madivala, Bengaluru- 560068.

4. Joint Director [Finance]

CSB, Madivala, Bengaluru-560068.

5. Joint Director [Admn.]

CSB, Madivala, Bengaluru-560068.

6. The Director, Central Muga Eri Research and Training Institute, Central Silk Board, Lahdoigarh, Jorhat, Assam, Pin-785700.

7. The Scientist-D and Head, OA No. 40/72/2020 SOURABReason: I am the author of this H KUMAR d L D o o a c c te u a : m t io 2 e n 0 Muga Silkworm Seed Organisation, Central Silk Board, Reshom Nagar, Post – Khanapara, Dist – Kamrup(M), Guwahati, Pin – 781022, Assam.

……. Respondents Advocate for applicant: Sri M. Chanda, Smt. U. Dutta Advocate for respondent(s): Sri V.K. Bhatra, Sr. CGSC ORDER PER MR. SANJIV KUMAR, MEMBER (A):

The applicant was appointed as Lower Division Clerk in the Central Silk Board on 23.08.1980. According to the applicant, his correct date of birth is 01.09.1959, as reflected in his HSLC/Matriculation certificate (Annexures-A/3 and A/4), and admit card issued by the Board of Secondary Education, Assam. It is his case that while recording entries in the service book at the time of initial appointment due to wrong calculation and genuine clerical mistake, his date of birth was wrongly recorded as 01.06.1959. The applicant asserts that on coming to know of this discrepancy, he made representations, and his correct date of birth was reflected in a seniority list issued in 1991. It is further stated that during internal audit reported on 24.12.2007(Annexure-A/7), the discrepancy in date of birth was again noticed, and thereafter representations(Annexure-A/8, OA No. 40/72/2020 SOURABReason: I am the author of this H KUMAR d L D o o a c c te u a : m t io 2 e n 0 A/9) were submitted seeking correction in the service book.

According to the applicant, on the basis of internal audit observations and his representations, the date of birth in his service book was corrected in 2015 to 01.09.1959(Annexure- A/10). He was thereafter permitted to continue in service and ultimately retired on superannuation on 31.08.2019(Annexures- A/1, A/12 & A/13). All pre-retirement formalities, including issuance of pension papers and relieving orders, were processed on that basis. The applicant contends that despite having taken his services till 31.08.2019, the respondents later treated his date of birth as 01.06.1959, fixed his retirement retrospectively as 31.05.2019, reduced his pension, and ordered recovery of salary paid for the period June–August 2019(Annexure-A/2). According to him, such recovery is illegal, arbitrary, and contrary to settled law, as he had actually worked during the said period.

2. The respondents submit that the Central Silk Board is a statutory body governed by Central Government service rules, including FR 56 and CCS (Pension) Rules. It is stated that at the time of initial appointment, the applicant himself verified and signed the first page of his service book wherein his date of birth was recorded as 01.06.1959, calculated on the basis of the age OA No. 40/72/2020 SOURABReason: I am the author of this H KUMAR d L D o o a c c te u a : m t io 2 e n 0 mentioned in his HSLC certificate. This entry remained unchanged for decades(Annexure-R/1).

The respondents further state that the applicant sought correction of his date of birth belatedly and that his request was examined by th