LAWS(CAL)-2014-5-7

DIPAK RANJAN SARKAR Vs. NATIONAL INSURANCE CO. LTD.

Decided On May 07, 2014
Dipak Ranjan Sarkar Appellant
V/S
NATIONAL INSURANCE CO. LTD. Respondents

JUDGEMENT

(1.) The appellant/petitioner herein joined the service of the National Insurance Company Ltd. (hereinafter referred to as NICL) in the year 1980. The date of birth of the appellant/petitioner as per Higher Secondary Certificate is 03/01/1954. The aforesaid date of birth as mentioned in the Higher Secondary Certificate was recorded in the service book of the appellant/petitioner. On the basis of the aforesaid recorded date of birth, appellant/petitioner was superannuated from service w.e.f. 31/01/2014 while he was working in the post of Deputy General Manager of NICL.

(2.) It has been submitted on behalf of the appellant/petitioner that while the said appellant/petitioner was posted in Guwahati in November, 2011, his mother Smt. Arati Rani Sarkar discovered her old Passport from old abandoned family documents of the deceased father of the appellant/petitioner.

(3.) From the said Passport, appellant/petitioner found that the same was issued by the Passport Officer in the month of 19th February, 1954 and in the said Passport, the date of birth of the appellant/petitioner was specifically mentioned as 4th June, 1955. It has also been submitted on behalf of the appellant/petitioner that his mother did not use the aforesaid Passport after 1958 and the same was unused and ultimately lost amongst the old family documents. The appellant/petitioner was an infant in the year 1958. According to the appellant/petitioner, it was not possible for him to know about the existence of the said passport. However, after discovery of the aforesaid Passport in November, 2011, a representation was submitted by the said appellant/petitioner before the respondent authority for correction of his date of birth in the service records on the basis of the recorded date of birth of the said appellant/petitioner in the passport of his mother.