- (1.) The petitioner herein has assailed the judgment and order dated 26th November, 2009 passed by the learned West Bengal Administrative Tribunal in case number O. A. 937 of 2009 whereby and where under the said learned Tribunal disposed of the application filed before it by the petitioner herein without granting any relief.
(2.) The date of birth recorded in the appointment letter issued to the petitioner was not accepted as the actual date of birth of the petitioner by the respondent authorities and relying on the voter identity card, concerned respondent fixed the date of retirement of the petitioner. The learned Advocate representing the State respondents produced records before this Court where from it appears that no valid documents are available with the respondent authorities for changing the recorded date of birth of the petitioner. The learned Advocate of the petitioner produced copies of the voter identity cards issued by the Election Commission of India on two different occasions. In the voter identity card issued by the Election Commission of India on 18th July, 1995, age of the petitioner was shown 45 years as on 1.1.1995. The other identity card issued by the Election Commission of India on 9th September, 2007, year of birth of the petitioner was mentioned as 1962.
(3.) Therefore, two different dates have been recorded in the identity cards issued by the Election Commission of India in respect of the petitioner on two different occasions and, therefore, no reliance can be placed on the identity cards issued by the Election Commission of India for ascertaining the correct date of birth of the petitioner. In any event, the date of birth recorded in the voters identity card issued by the Election Commission of India cannot be regarded as valid document in support of the date of birth of any citizen. Since the date of birth of the petitioner has been specifically mentioned as 16th May, 1953 in the appointment letter issued under reference No. 97 dated 30th May, 2005 by the Principal of the concerned Institute, the said recorded date of birth cannot be changed on the basis of the date of birth recorded in the voters identity card issued by the Election Commission of India as the voters identity card cannot be regarded as a valid document for ascertaining the actual date of birth of a citizen.;