VE RS U S

(O R D E R)

The present Original Application has been filed by the applicant under section 19 of the Administrative Tribunal Act,1985 seeking following reliefs:-

“(i) That the respondents be directed to correct the date of birth of applicant as 20.07.1954 in place of 30.06.1951 in service book of applicant and further they be directed to allow the applicant to continue in service up to July 2014 and they be also directed to pay all the benefits of service including salary with effect from 1.7.2011 with interest to applicant.

(ia) That the applicant may be treated to be continued in service upto the actual date of his retirement i.e. 1/8/2024 and he be provided all the consequential benefits of service for the said period and accordingly the fixation of pay, pension and all the retiral benefits of applicant may be made and he be paid arrears thereof with interest at the rate of 12 percent per annum till the date of actual payment thereof.

(ii) That the respondents be directed to consider and pass appropriate order on the representation dated 18.7.2011 within the period which may be fixed by this Hon’ble Tribunal.

(iii) That any other and further relief which this Hon’ble Tribunal may deem fit and proper be also awarded to the applicant.

(iv) Cost of proceeding be awarded to the applicant”.

Brief facts of the case are that the applicant was initially appointed as a Casual Worker on 27.01.1975 under the Inspector of Works, Northern Railway, Tundla. At the time of his engagement, the department issued a Casual Labour Card in which his date of birth was recorded as 20.07.1954. The same date of birth was also reflected in other official records maintained by the Railway Department, including the medical card, leave account and pay slips of the applicant. The applicant was granted temporary status with effect from 01.02.1980 and was allowed the CPC pay scale by the Railway administration. On the basis of his recorded date of birth 20.07.1954, the department itself mentioned in the pay slip that his date of retirement would be 31.07.2014. However, the applicant came to know from a letter dated 07.02.2008 issued by the Assistant Divisional Engineer, North Central Railway, Tundla, that his date of birth had been wrongly changed to 30.06.1951 in place of his correct date of birth 20.07.1954. On coming to know about the said discrepancy, the applicant submitted several representations and applications to the competent authorities, including the Divisional Railway Manager and other concerned officers, requesting for correction of his date of birth in the service records. It was later revealed that while preparing the panel list dated 17.08.1989, the recorded date of birth of the applicant was allegedly altered to 30.06.1951. Despite repeated representations, appeals and reminders submitted by the applicant between 2008 and 2012, the Railway authorities failed to rectify the error. Subsequently, the respondents prematurely retired the applicant from service with effect from 01.07.2011 on the basis of the incorrect date of birth 30.06.1951, instead of allowing him to continue in service till July 2014 as per his correct date of birth 20.07.1954 recorded in the earlier official documents. Aggrieved by the inaction of the respondents and the failure to correct his date of birth despite repeated representations, the applicant has filed the present Original Application before this Tribunal seeking appropriate relief.

SR MKIVUA AMN S IAT S AR H V A

M KU A M NI A S R H SRIVASTAVA

Per contra, the respondents have filed their counter affidavit stating therein that the date of birth of the applicant was recorded as 30.06.1951 in the panel list dated 17.08.1989, which was prepared by the Screening/Selection Committee. The said panel was duly approved and signed by the Assistant Divisional Personnel Officer, and therefore the date of birth mentioned in the panel list is correct. It has further been stated that the date o