STATE OF ORISSA Vs. BRAHAMARBAR SENAPATHI
SUPREME COURT OF INDIA (FROM: ORISSA)
STATE OF ORISSA
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(1.)Heard learned counsel for the parties Special leave granted.
(2.)This appeal arises against the order of the orissa Administrative tribunal, Bhubaneswar in OA No. 858 of 1989 dated 22/06/1992. The respondent joined the service as a Cook in CDMO Cuttack on 9/02/1962. Thereafter he was promoted as Disinfector and Senior Helper. He attained the age of superannuation on 31/05/1989. Before his retirement when the notice of retirement was given, he filed an application on 24/04/1989 stating that his correct date of birth is 27/06/1934 and therefore he cannot be retired. Since his representation was not accepted, he filed OA No. 858 of 1989 before the tribunal. The tribunal observed that his correct date of birth is 27/06/1934 and not 18/05/1929 as entered in the service register and therefore the respondent is entitled to be in service till the age of 60 years. Thus this appeal by special leave.
(3.)Rule 65 of the orissa General Financial Rules provides thus :
"Every person on entering government service shall declare his/her date of birth which shall not differ from any such declaration expressed or implied for any public purpose before entering service. The date of birth shall be supported by documentary evidence such as Matriculation certificate, Municipal Birth Certificate and entered in his/her service record. No alteration of the date of birth of government servant shall be made except in case of clerical error without prior approval of the State government. An application for effecting a change in the date of birth shall be summarily rejected if: (a) filed after five years of entry into government service, (b) the change would so lower the applicant's age that he/she would have been ineligible to appear in any of the academic or recruitment examinations in which he/she had appeared or for consideration for appointment to any service or post under the government. "
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