COLLECTOR OF MADRAS Vs. K RAJAMANICKAM
LAWS(SC)-1995-1-162
SUPREME COURT OF INDIA
Decided on
January 13,1995
COLLECTOR OF MADRAS
Appellant
VERSUS
K Rajamanickam
Respondents
Cited Judgements :-
RAM KHELWAN PATHAK VS. STATE OF U P [LAWS(ALL)-1998-2-85] [REFERRED TO]L H SUGAR FACTORIES LTD VS. BISHESHWR DAYAL [LAWS(ALL)-1999-5-202] [REFERRED TO]
SHANTI DEVI VS. STATE OF U P [LAWS(ALL)-2003-1-43] [REFERRED TO]
EHTESHAM ULLAH KHAN VS. CENTRAL ADMINISTRATIVE TRIBUNAL [LAWS(ALL)-2003-5-118] [REFERRED TO]
UTTAR PRADESH POWER CORPORATION LTD VS. MOHD YUNUS KHAN [LAWS(ALL)-2004-5-81] [REFERRED TO]
SURYA DEO MISHRA VS. STATE OF U P [LAWS(ALL)-2005-12-225] [REFERRED TO]
JAGGU VS. COMMISSIONER CONSOLIDATION [LAWS(ALL)-2003-5-180] [REFERRED TO]
BETAWA RIVER BOARD VS. GAURI SHANKER CHATURVEDI SHIV PRASAD CHATURVEDI [LAWS(ALL)-2006-5-30] [REFERRED TO]
OM PRAKASH SINGH VS. DEPUTY DIRECTOR OF EDUCATION MADHYAMIK AZAMGARH REGION DISTRICT INSPECTOR [LAWS(ALL)-2006-6-49] [REFFERED TO]
BIPUL CHANDRA DEY ALIAS BIPUL BIHARIDEY VS. TRIPURA JUTE MILLS [LAWS(GAU)-2005-4-2] [REFERRED TO]
UNION OF INDIA VS. LALIT VARMA [LAWS(ALL)-2007-10-129] [REFERRED TO]
A KODANDAM VS. PRINCIPAL KAMALA NEHRU POLYTECHNIC FOR WOMEN HYD [LAWS(APH)-1998-7-2] [REFERRED TO]
KRISHNA MURTHY M VS. SUPERINTENDENT OF POST OFFICES [LAWS(APH)-2001-1-66] [REFERRED TO]
N UTHANDAVAN VS. REGISTRAR CENTRAL ADMINISTRATIVE TRIBUNAL [LAWS(MAD)-2009-7-472] [REFERRED TO]
STATE OF JAMMU AND KASHMIR VS. PIRZADA GHULAM NABI [LAWS(SC)-1997-7-4] [DISTINGUISHED]
STATE OF U P VS. SHARDA PRASAD [LAWS(ALL)-2000-4-77] [REFERRED TO]
RAM KISHORE VS. EXECUTIVE ENGINEER ELECTRICITY DISTRIBUTION DIVISION U P POWER CORPORATION [LAWS(ALL)-2003-11-3] [REFERRED TO]
PRABHU LAL VS. DISTRICT BASIC EDUCATION OFFICER DIRECTOR OF BASIC EDUCATION STATE OF U P AND [LAWS(ALL)-2003-12-59] [REFERRED TO]
RAM SANEHI PANDEY VS. U P RAJYA VIDYUT PARISHAD [LAWS(ALL)-2003-12-136] [REFERRED TO]
DIPAK RANJAN SARKAR VS. NATIONAL INSURANCE CO. LTD. [LAWS(CAL)-2014-5-7] [REFERRED TO]
SURAJ LAL CHANDRA VS. SOUTH EASTERN COALFIELDS LIMITED AND ORS. [LAWS(CHH)-2015-3-39] [REFERRED TO]
VIJAY PRASAD SHARMA AND ORS. VS. THE STATE OF RAJASTHAN AND ORS. [LAWS(RAJ)-2016-4-5] [REFERRED TO]
CHIEF SECRETARY, GOVERNMENT OF KARNATAKA AND OTHERS VS. VENKANA GOWDA [LAWS(KAR)-2001-11-65] [REFERRED TO]
PRITAM DAS GERYANI VS. NATIONAL INS. CO. LTD. [LAWS(RAJ)-2017-2-1] [REFERRED TO]
N R CHAUHAN VS. UNION OF INDIA THROUGH SECRETARY [LAWS(RAJ)-2017-4-260] [REFERRED TO]
JUDGEMENT
-
(1.)Leave granted
(2.)Admittedly, the respondent entered into service in 1958 showing his date of birth as 15/1/1935. He claims to have made an application for correction of the date of birth on 17/4/1986 which was ultimately rejected in the proceedings of the Collector dated 25/1/1993. Thereafter the respondent filed the petition on 27/1/1993 before the tribunal. He attained superannuation as per the original entry in the records on 31/1/1993. The tribunal, by its order dated 23/11/1993, while holding that his correct dale of birth is 12/1/1936, directed the appellant to continue the respondent in service for a period of one year. That order is now under challenge. It is beyond comprehension to believe at the belated stage the horoscope evidence or oral statements. The school register was available when he entered into service which was recorded on the basis of the entries in the SSLC register. Volumes could be spelt out of the authenticity of the present alleged entries in the school register or TC.
(3.)The meat of the matter is that the respondent had attained superannuation on 31/1/1994 even on his own date of birth as contended for. As a fact, he was superannuated on 31/1/1993. By virtue of the orders of the tribunal when contempt proceedings were threatened against the officers of the appellant, subject to their filing the appeal they reinstated the respondent into service on 7/2/1994 and he remained in office till the order was passed by this court on 19-9-1994 suspending the order of the tribunal. Therefore, for seven months the respondent had continued in office. For the period for which he had continued, there shall be a direction not to recover any amount paid to him during that period. In other words, his retiral benefits should be computed as if he had retired on 31/1/1993 only
(2.)Admittedly, the respondent entered into service in 1958 showing his date of birth as 15/1/1935. He claims to have made an application for correction of the date of birth on 17/4/1986 which was ultimately rejected in the proceedings of the Collector dated 25/1/1993. Thereafter the respondent filed the petition on 27/1/1993 before the tribunal. He attained superannuation as per the original entry in the records on 31/1/1993. The tribunal, by its order dated 23/11/1993, while holding that his correct dale of birth is 12/1/1936, directed the appellant to continue the respondent in service for a period of one year. That order is now under challenge. It is beyond comprehension to believe at the belated stage the horoscope evidence or oral statements. The school register was available when he entered into service which was recorded on the basis of the entries in the SSLC register. Volumes could be spelt out of the authenticity of the present alleged entries in the school register or TC.
(3.)The meat of the matter is that the respondent had attained superannuation on 31/1/1994 even on his own date of birth as contended for. As a fact, he was superannuated on 31/1/1993. By virtue of the orders of the tribunal when contempt proceedings were threatened against the officers of the appellant, subject to their filing the appeal they reinstated the respondent into service on 7/2/1994 and he remained in office till the order was passed by this court on 19-9-1994 suspending the order of the tribunal. Therefore, for seven months the respondent had continued in office. For the period for which he had continued, there shall be a direction not to recover any amount paid to him during that period. In other words, his retiral benefits should be computed as if he had retired on 31/1/1993 only
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