Ashwani Kumar Mishra, J. - (1.) Challenge is laid in this petition to an order passed by General Manager, Food Corporation of India, dated 25th September, 2015, refusing to correct petitioner's date of birth in the relevant records, as '10.9.1958', instead of '10.9.1955'.
(2.) Brief facts, giving rise to filing of the petition, are that petitioner was appointed on 1.5.1986 as Handling Labour at FSD, Kuraghat. Petitioner's service card, in the prescribed proforma, was prepared on 1.5.1986, in which his date of birth was admittedly mentioned as 10.9.1958. A photocopy of the service card has been enclosed as Annexure -2 to this petition, which is not in dispute. Its perusal shows that petitioner's date of birth was initially recorded as 10.9.1958, which has then been corrected by scoring off 1958 and mentioning 1955 instead. Petitioner asserts that in most of his records, including the contributory provident fund for the year 2012 -2013 issued on 13th May, 2014, his date of retirement was mentioned as 30.9.2018. However, in the pay slip, petitioner's date of retirement was mentioned as 30.9.2015, alongwith his date of birth as 10th September, 1955. An application for correction was moved by the petitioner on 4.5.2015, contending that the correction in the service card was wrong, and his date of birth be got corrected as 10.9.1958. Petitioner has also produced Transfer Certificate, issued from the concerned institution situated in District Nalanda (Bihar), dated 6.1.1967, as a Class -II student, wherein his date of birth is mentioned as 10.9.1958. However, the claim of petitioner was not considered, and as such, a fresh representation is stated to have been sent on 9.9.2015, and when no decision was taken, petitioner filed 53669 of 2015, which was disposed of on 18.9.2015, by the following order: - - "Heard learned counsel for the petitioner as well as Sri C.K. Jha, learned counsel appearing for the respondent No. 1 and Sri N.P. Singh, learned counsel appearing for the respondents No. 2 to 5. The petitioner, who is working as Handling Labour in the respondent -Food Corporation of India has come up with the prayer that the respondent no 3 be directed to take a decision on the representation of the petitioner with regard to correction in his date of birth. The submission is that in the Provident Fund Statement his correct date of birth i.e. 10.9.1958 is being shown whereas in his letter of appointment by way of cutting the year has been changed from 1958 to 1955 and on that basis he is being retired from service. Learned counsel appearing for the respondents have no objection in case the prayer aforesaid is allowed. In such view of the matter, without going into the merits of the claim of the petitioner, it is hereby provided that the respondent No. 2, the General Manager, Food Corporation of India, T.C. 3V Vibhuti Khand, Gomti Nagar, U.P. Lucknow shall decide the grievance of the petitioner, in accordance with law, expeditiously from the date of production of a certified copy of this order. Since the petitioner is due to retire on 30th September, 2015, the respondent No. 2 shall make all efforts to consider and decide the representation of the petitioner before that date. It is made clear that this Court has not examined the merits of the claim of the petitioner, which shall be looked into by the respondent No. 2 himself on its own merit without being influenced by this order. This writ petition is, accordingly, disposed of. No order as to costs." It is in pursuance of this direction that petitioner's claim has been rejected, vide order dated 25.9.2015, which is under challenge.
(3.) The order records that in the history card of petitioner, his date of birth is shown as 10.9.1955, and that an affidavit dated 22.8.1987 was submitted by the petitioner accepting his date of birth as 10.9.1955, and in his LTC application form also, his date of birth is mentioned as 10.9.1955. It is also stated that in the cardex form dated 1.6.1996, revised cardex form dated 1.9.2006, employees' family pension scheme, 1971 and group insurance form submitted by the petitioner, his date of birth is mentioned as 10.9.1955. It has been recorded that the proforma form appears to have contained a writing error, which was subsequently corrected and countersigned. It has also been stated that under Clause 3(5)(b) of the Certified Standing Order, the date of birth once entered in the service card of the establishment has to be the sole evidence of his age, in relation to all matters. It is also stated that such mistake, if any, ought to have been brought to the notice of the management within the stipulated time and not at the verge of retirement, and consequently, representation has been rejected.;