SUNIL BARAN MUKHERJEE Vs. UNION OF INDIA & ORS.
HIGH COURT OF CALCUTTA
Sunil Baran Mukherjee
Union of India And Ors.
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PRATIBHA BANERJEE, J. -
(1.)This writ petition filed in the Calcutta High Court was received on transfer by this Tribunal u/s. 29 of the A.T. Act, 1985 and was registered as above. The matter was heard on 30.1.87 and dismissed on the very same day. The applicant filed an S.L.P. (Civil) No.3744 of 1987 against the said decision of the Tribunal and the Supreme Court, by its order dated 27.8.91 set aside the said decision dated 30.1.87 and remanded the matter to the Tribunal for fresh hearing on merit and according to law after taking into account the relevant rules, circular etc. Pursuant to the said order of the Supreme Court, the matter was heard by us.
(2.)The applicant's case is that when he entered Railway Service under the then B.N. Railway on 3.12.47, his entire period of war service was taken into account for fixation of his pay. At the time of his joining the Railway service, his date of birth was recorded to be 23.12.1923 as per the records of the Army authorities. Accordingly, his date of superannuation would have been 23.12.1981.
(3.)The applicant moved the Railway authorities including the Railway Board and the Ministry of Railways for correction of his date of birth on the basis of his matriculation certificate where his date of birth was recorded as 1.1.1927. On the basis of the applicant's representation, his date of birth in his service book was recorded as 1.1.1927 by order of the Railway Board passed in 1981. Hence, his date of superannuation was 31.12.1985.
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