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Showing contexts for: matriculation in Union Of India vs Harnam Singh on 9 February, 1993Matching Fragments
Leave granted.
The respondent joined Government service in the Ministry of Finance (Defence) in class IV post as a peon on 22nd of February, 1956. At the time of entry into the Government service, his service-book was prepared and the date of birth was recorded as 20th of May, 1934 and since he failed in the matriculation examination, against the column of educational qualification 'matric failed' was recorded. It appears that the respondent later on again appeared in the matriculation examination of the Punjab University under Roll No. 21653 and passed the said examination in May, 1956. On passing the matriculation examination, the respondent was appointed as LDC in the Ministry of Home Affairs on 9.5.1957. In the service-book of the respondent, an entry was, accordingly, made showing his educational qualification as matric (Punjab University, Roll No. 21653, year 1956). This entry was made underneath the earlier entry "matric failed" and the changed entry was signed by the SO of the Ministry of Home Affairs on 7.9.1957. Though, the date of birth of the respondent, as recorded in the matriculation certificate is 7.4.1938 but while amending the entry about his educational qualification, the entry relating to his date of birth was not altered to correspond to the date given in the matriculation certificate and it continued to be recorded as 20th of May, 1934. In 1963, .the respondent was transferred to the Ministry of Human Resources Development, Department of Education. On being notified about his date of superannuation as 31.5.1992, the respondent realised that he was being retired on the basis of his date of birth as originally recorded in the service-record as 20.5.1934, ignoring the date of birth as reflected in the matriculation certificate. He made a representation in September 1991 for the alteration of his date of birth but the same was rejected on 4.12.1991. He submitted yet another representation of 3.1.1992, wherein a request was made, the consider his case for the correction of date of birth afresh on the basis of the date of birth as recorded in the matriculation certificate. The request of the respondent was turned down vide O.M. dated 29.1.1992. The respondent submitted yet another representation on 26.3.1992, wherein he asserted that he had submitted the matriculation certificate on 4.9.1957, when the entry about his educational qualification was altered and that thereafter since he did not hear anything to the contrary, he presumed that the appellants had also corrected his date of birth in the service book. While making that representation, the respondent had also drawn attention of the Department to an order of the Central Administrative Tribunal in the case of one Darshan Singh, wherein the Department had been directed by the Principal Bench of CAT to correct the date of birth of Darshan Singh on the basis of the date of birth given in the matriculation certificate and it was submitted that his date of birth should also be corrected on the basis of the matriculation certificate. That representation was rejected on 22.4.1992 by an order which reads thus:
Subject:Request for alteration in the Date of Birth of Sh. Harnam Singh, Asstt. in the Service Book.
With reference to his representation dated 26th March, 1992 regarding alteration in his date of birth, Sh. Harnam Singh, Asstt. is informed that his representation has been considered once again and it has not been found possible to accede to his request for changing his date of birth from 20.5.1934 to 7.4.1938. As regards his contention that he had submitted a copy of matriculation certificate in 1956, Sh. Harnam Singh, has already been informed vide OM dated 29.1.1992 about DOP & T's ruling that furnishing a copy of matriculation certificate does not automatically imply change in date of birth unless the Govt. servant specifically applies for it within the prescribed time limit and the appointing authority accepts his request.
3.Sh. Harnam Singh is also informed that no further representation on the subject will be considered. unless he furnished any new facts/information."
The respondent challenged the above order through OA No. 1252/92 dated 29.5.1992 before the CAT. The application was contested by the appellant on various grounds including the plea of limitation. It was urged by the appellant that the OA was barred under FR 56 (Note 5) and General Financial Rules 1979 and therefore, did not merit any consideration. The appellant had further asserted that the respondent knew about the entry of his date of birth as 20.5.1934 in his service-record since he had signed his service book on various occasions, ever since he joined the service, but his representation for correction of date of birth was made only in September 1991, much belatedly and even beyond a period of five years from the date of entry into Government service and as envisaged by SO 3997 dated 30th of November, 1979 the same could not therefore be entertained. The Tribunal, however, did not agree with the appellant and allowed the application filed by the respondent directing the appellant to correct his date of birth in the service record as per the date of birth recorded in the matriculation certificate. Mr. V.C. Mahajan, the learned Senior Advocate appearing for the Union of India, has reiterated the arguments raised before the Tribunal and has further submitted that in view of the law laid down in Amulya Chandrakalita v. Union of India & Ors., [1991] 1 SCC 181 the judgment in the present case rendered by only a single member of the Tribunal, is invalid and, therefore, the order deserves to be set aside and the case remanded to the Tribunal for its fresh disposal in accordance with law. Learned counsel for the respondent has, on the other had argued for dismissal of the appeal and supported the impugned order of the Tribunal. The fact that the date of birth was recorded on the first sheet of the service book when the respondent joined as a peon as well as in various seniority lists of UDC and LDC issued from time to time as 20.5.1934 is not in dispute. It also is not disputed that the date of birth of the respon- dent in the matriculation certificate issued by the Punjab University is 7.4.1938. The fact that the matriculation certificate has been produced before the department by the respondent after he had passed the matriculation examination and an alteration of his educational qualification was made in the service book is also beyond controversy. There is also no doubt that while submitting the matriculation certificate, the respondent had not requested for any alteration in the date of birth and that he had filed the representation for correction of his date of birth for the first time only in September, 1991, just a few months before his notified date of superannuation.
The Tribunal while allowing the application filed by the respondent and directing the appellant to correct his date of birth in the service record noticed the objection raised on behalf of the appellant to the effect that the mere filing of the matriculation certificate in 1956 did not imply that the date of birth already recorded in the service record stood altered by the appellants automatically even without the concerned Government servant making a prayer in that behalf or raising the issue at the relevant time after his posting as LDC. CAT held that there was no period of limitation for the correction of date of birth and in so holding relied upon the judgment in the case of Darshan Singh v. Union of India, decided by the Principal Bench of CAT on 9.8.1990 and observed that only on the basis of coming very late for alteration of the date of birth, the State could not oust the claim of the respondent. The Tribunal observed: