Decided on September 07,1973

UNION OF INDIA Respondents


- (1.) This is an application to quash the order superannuating the petitioner with effect from 14-6-71 (Annexure-13). By then the petitioner was working as Deputy Office Superintendent. Central Excise at Bhubaneshwar. The order was on the footing that the petitioner attained the age of 58 by then his date of birth being 15-6-1913.
(2.) Admittedly the petitioner entered into Government service on 13-8-1938 as a lower division clerk in the office of the Special Assistant Agent, Rayagada in the district of Koraput. In 1942, he joined the Central Exeise as an upper division assistant. In the service book of the petitioner his date of birth was shown as 15-6-1915. On 31-8-64, that entry was corrected and the petitioner's date of birth was shown as 15-6-1913. No opportunity had been given to the petitioner to be heard in the matter of alteration of the date of birth. In October, 1968 the petitioner came to know about it and made representations, but the question was not really disposed of with any open mind and ultimately he was directed to superannuate. Admittedly if the date of birth is 15-6-1915 as it stodd entered earlier, the petitioner would have only superannuated on 14-6-73 an event which would have taken place during the pendency of the writ petition. The petitioner accordingly has asked for quashing of the order of superannuation.
(3.) It is conceded that the date of birth in the petitioner's service book was entered as 15-6-1915 and it was corrected on 31-8-1964 as alleged. It is not disputed that prior to the making of the correction then no enquiry had been held with a notice to the petitioner. It is, however, alleged that when the petitioner came to represent, the matter was enquired into, reasonable opportunity was given to the petitioner to produce papers to justify the original entry and the petitioner having failed to establish his stand rules of natural justice must be taken to have been complied with. The order of superannuation can, therefore, not be disputed.;

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