Central Administrative Tribunal - Lucknow
Visuna vs Northern Railway on 5 January, 2024
CAT Lucknow Bench OA No. 332/0078/2022 Visuna Vs U.O.I. & Ors
CENTRAL ADMINISTRATIVE TRIBUNAL
LUCKNOW BENCH LUCKNOW
Original Application No. 78 of 2022
Order dated this 5th day of January, 2024
Hon'ble Mr. Pankaj Kumar, Member-Administrative
1. Visuna, aged about 42 years, W/o Late Triveni, R/o 28 Sanjog Nagar
KKC, Jubli Girls Road, Charbagh, Lucknow.
.....Applicant
By Advocate: Shri Dharmesh Sinha
VERSUS
1. Union of India through General Manager, Northern Railway, Baroda
House, New Delhi.
2. General Manager, Northern Railway, Baroda House, New Delhi.
3. Divisional Railway Manager, Northern Railway, Hazratganj, Lucknow.
4. Sr. Divisional Mechanical Engineer, Diesel Shed, Alambagh, Lucknow.
5. Divisional Railway Manager (Personnel) Northern Railway, Hazratganj,
Lucknow.
.....Respondents
By Advocate: Smt. Prayagmati Gupta
ORDER (ORAL)
Per Hon'ble Mr. Pankaj Kumar, Member-Administrative In this case, the applicant, who was appointed on compassionate ground after her husband employed by the respondents died in harness, has challenged the settlement of her date of birth by the respondents, seeking following reliefs:-
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CAT Lucknow Bench OA No. 332/0078/2022 Visuna Vs U.O.I. & Ors i. The Hon'ble Tribunal may kindly be pleased to issue order or direction commanding upon the respondents to change date of birth of applicant in her service records with all consequential benefits like her continuance in service till attaining the age of superannuation considering her correct date of birth to be 01.01.1980.
ii. The Hon'ble Tribunal may kindly be pleased to issue any other order or direction deemed to be just and proper in the facts and circumstances of the case.
iii. The Hon'ble Tribunal may kindly be pleased to direct the respondents to pay cost of the OA.
2. The facts of the case are that the applicant was appointed on the post of Helper Diesel/Mech. on compassionate ground by the respondents vide letter dated 17.09.2018. After her appointment, the applicant represented for change of her date of birth from 01.01.1962 to 01.01.1980. The respondents did not change her date of birth. The applicant retired on 31.12.2021. Aggrieved, the applicant has preferred this OA. 3.1 It is the contention of the applicant that her date of birth was entered wrongly as 01.01.1962 in her service records despite her request for grant of time to bring records relating to her correct date of birth. Immediately after her appointment, the applicant approached the respondents intimating them that her date of birth was recorded wrongly by her late husband in his service records as she was not having any legally admissible certificate of her date of birth. She preferred representation mentioning that her real date of birth was 01.01.1980 instead of 01.01.1962 (Annexure 2 to the OA). The Railway Men's Union (Union, hereinafter) also wrote to the respondents on her behalf on 23.09.2019 (Annexure 3 to the OA). A reminder dated 10.09.2020 was sent by the applicant (Annexure 4 to the OA).
3.2 The applicant states that the Union sought (Annexure 5 to the OA) and obtained information under the Right to Information Act, 2005 from the school authorities regarding her date of birth and the information furnished by the school authorities indicated her date of birth as Page 2 of 5 CAT Lucknow Bench OA No. 332/0078/2022 Visuna Vs U.O.I. & Ors 01.01.1980 (Annexures 6 & 7 to the OA). However, her representation made through the Union was turned down vide letter dated 08.12.2021 (Annexure 9 to the OA).
4.1 The respondents state that after the death of the applicant's husband in harness on 15.07.2017, she was appointed on compassionate ground vide order dated 12.07.2018. In the Pariwar Register, the applicant's date of birth has been shown as 01.01.1962 (Annexure CR-1). In PAN card also, the date of birth is shown as 01.01.1962 (Annexure CR-2). In Voter ID Card issued by the Election Commission of India, the applicant's date of birth is recorded as 01.01.1962 (Annexure CR-3). In the Medical Card issued by the respondents in favour of the husband of the applicant, the applicant's date of birth is shown as 01.01.1962 (Annexure CR-4). In the bio data verified by concerned authorities, the applicant's date of birth has been mentioned as 01.01.1962 (Annexure CR-5). In the Aadhaar Card, the applicant's date of birth is mentioned as 01.01.1962 (Annexure CR-6). In Fitness Certificate issued by the Railway Medical Officer, the date of birth is shown as 01.01.1962 (Annexure CR-7).
4.2 It is further contended by the respondents that the representations submitted by the applicant for change of her date of birth were considered and rejected vide order dated 08.01.2021 (Annexure CR-9) which has not been challenged in the OA and this material fact has been suppressed by the applicant. It is settled law that the date of birth cannot be challenged at the end of the service. Therefore, the applicant is not entitled to any relief.
5. Heard both the parties. The learned counsel for the applicant submitted that the date of birth of the applicant has been changed to 01.01.1980 in the Pariwar Register, PAN Card and Aadhaar Card, admittedly subsequent to her appointment by the respondents. The learned counsel for the respondents submitted that the documents submitted by the applicant with her application for appointment on compassionate Page 3 of 5 CAT Lucknow Bench OA No. 332/0078/2022 Visuna Vs U.O.I. & Ors ground such as Aadhaar Card, PAN Card and Identity Card issued on 20.05.2012 in favour of her late husband showed her date of birth as 01.01.1962. The learned counsel for the respondent drew attention, in addition, to the notarized affidavit dated 23.02.2018 submitted by the applicant at the time of applying for appointment wherein her date of birth is mentioned as 01.01.1962.
6.1 It is the claim of the applicant that her date of birth was not recorded correctly when her husband was alive. The office memorandum dated 13.09.2012 issued by the Department of Pension & Pensioners' Welfare (DP&PW) throws light on the procedure for change of date of birth of family pensioner. Relevant extracts from paragraph 1 and 4(ii) of this O.M. are reproduced below:
"1..... Only in case the details regarding date of birth/age are not available in the PPO/office records, additional pension/family pension to old pensioners/family pensioners has been allowed on the basis of certain documents i.e. PAN Card, matriculation certificate. Passport, CGHS Card, Driving Licence, Voter's ID Card and Aadhaar Number issued by UIDAI.
......
4(ii) The request for change of date of birth/age of the family pensioner (parents and spouse) in the PPO may be submitted by a pensioner/family pensioner to the Head of the Department of the organization where the Government servant had last served along with at least one of the documents mentioned in Para 1 above and a declaration on a non-judicial stamp paper regarding the correct date of birth of the family pensioner. The Head of the Department may allow the change in the date of birth of the family pensioner if he is satisfied that the conditions indicated in this Department's OMNo.38/37/08-P&PW (A) dated 21.5.2009 have been fulfilled and that a bona-fide mistake has been made in recording the date of birth in the PPO."
(emphasis supplied) It follows from the above that the specified documents, including PAN Card, Voter ID Card and Aadhaar Card are admissible documents for consideration of change of date of birth along of family pensioner with a declaration on non judicial stamp paper. Admittedly, the aforementioned documents, including the declaration submitted by the applicant with her application for appointment on compassionate ground indicated her date of birth as 01.01.1962. It is not permissible at this stage for the applicant to resile from her declaration and submission at the time of her appointment. Page 4 of 5 CAT Lucknow Bench OA No. 332/0078/2022 Visuna Vs U.O.I. & Ors 6.2 On the subject matter of change of date of birth, Hon'ble Supreme Court, in State of M.P. vs Premlal Srivas, made the following observation in judgment dated 19.09.2011:
"9. It needs to be emphasised that in matters involving correction of date of birth of a government servant, particularly on the eve of his superannuation or at the fag-end of his career, the Court or the Tribunal has to be circumspect, cautious and careful while issuing direction for correction of date of birth, recorded in the service book at the time of entry into any government service. Unless, the Court or the Tribunal is fully satisfied on the basis of the irrefutable proof relating to his date of birth and that such a claim is made in accordance with the procedure prescribed or as per the consistent procedure adopted by the department concerned, as the case may be, and a real injustice has been caused to the person concerned, the Court or the Tribunal should be loath to issue a direction for correction of the service book. Time and again this Court has expressed the view that if a government servant makes a request for correction of the recorded date of birth after lapse of a long time of his induction into the service, particularly beyond the time fixed by his employer, he cannot claim, as a matter of right, the correction of his date of birth, even if he has good evidence to establish that the recorded date of birth is clearly erroneous. No Court or the Tribunal can come to the aid of those who sleep over their rights [See: Union of India Vs. Harnam Singh (1993) 2 SCC 162 : (1993) SCC (L&S) 375 : (1993) 24 ATC 92]."
(emphasis supplied) It is evident that the respondents have taken on record the date of birth of the applicant as per the records of her late husband available with them and as per the documents submitted by the applicant herself along with her application for appointment on compassionate ground as per the procedure prescribed. Even if the applicant has been remiss, no relief can be granted to her at this stage.
7. In view of the facts and circumstances above, the OA is dismissed. Pending MAs, if any, are also disposed of. The Parties shall bear their own costs.
(Pankaj Kumar) Member(A) warij Page 5 of 5