- (1.) INSTANT petition has been filed against the order of Central Administrative Tribunal ("Tribunal") dt.28.08.2012 and the grievance raised by the petitioner is regarding change in his date of birth which was consistently recorded till he sought employment in 1990 after his selection in Indian Revenue Services (IRS) which was 05.04.1963 and after rendered service for almost five years he obtained certificate from Municipality, Rajgarh in August,1994 as regards his date of birth as 09.05.1964. Obviously such certificates are being issued by the Municipalities on the basis of affidavits for which no verification in the ordinary course takes place and after obtaining the certificate from Municipality, Rajgarh in August,1994 the petitioner submitted application for change in his date of birth before the competent authority on 17.08.1995 and that was rejected by the authority vide order dt.14.02.2003 and the reason for rejection assigned has been referred to by the learned Tribunal in para-8 of its order impugned dt.28.08.2012.
(2.) THE main thrust of submission of counsel for petitioner is that his date of birth initially recorded from secondary school examination till he sought employment may be 05.04.1963 but after he obtained certificate from Municipality, Rajgarh in August,1994 the respondents authorities were under obligation to take note of the change in his date of birth based on certificate issued to him by the authority which he claimed to be 09.05.1964 under the Birth & Death Registration Act but his application was rejected by the authorities without assigning cogent reasons. Counsel submits that the learned Tribunal also committed gross error in not taking note of the certificate issued by the authority in August,1994 after he sought employment and evidenciary value is attached thereto and the authority was under obligation to give due credence to the certificate and in support of submission placed reliance upon the judgment in Deoki Panjhiyara Vs. Shashi Bhushan Narayan Azad and another, (2013) 2 SCC 137 & Santenu Mitra Vs. State of West Bengal, AIR 1999 SC 1587.
(3.) THE learned Tribunal considered it in detail and observed regarding the date of birth recorded in his service records & consistently maintained throughout till he sought employment was 05.04.1963 and at a later stage mere obtaining certificate from Municipality, Rajgarh under the Birth & Death Registration Act in the facts of the case is of no legal significance and the affidavits furnished by the relatives which is the basis for issuance of certificate is of no substance in giving effect to the change in the date of birth as claimed by the petitioner.;