- (1.) Heard learned counsel for the petitioner.
(2.) The notice of superannuation dated 06.06.2008 as amended vide letter dated 22.01.2010 informing the petitioner that he would retire on completion of 58 years of age on 19.04.2009 was assailed by him through O.A. No. 051/00139/2017 before the learned Central Administrative Tribunal, Patna Bench, Circuit Sitting at Ranchi. Learned Tribunal did not interfere in the impugned notice vide order dated 08.01.2019 for the following reasons:- 1. that the service record of the applicant maintained by the employer showed his date of birth as 20.04.1950 as declared by him at the time of entry in service on 13.05.1974; 2. he had also subscribed his thumb impression on the service book; 3. applicant could not substantiate the claim of his date of birth as 20.04.1954 recorded in his medical book by any contemporaneous document or proof; 4. the dispute regarding the date of birth was raised at the fag end of service, which is not entertainable in the light of the decision rendered by the Apex Court; 5. during his entire service period, he never objected to the entry of his date of birth as 20.04.1950 in his service record. Accordingly relief was declined.
(3.) Before us petitioner has not been able to improve his case any further in the sense that no other proof in support of his claim of date of birth as 20.04.1954 has been adduced or brought on record. He alleged manipulation in his service record. However extract of his service record have also not been brought on record. Learned counsel for the petitioner has produced a copy of the counter affidavit filed by the respondent SAIL in his earlier writ petition W.P(S) No. 228 of 2010 preferred before this Court for the same relief. The said writ petition was withdrawn to approach the learned CAT. The entry in the date of birth in the first page of personal data form at Annexure-8 to the said counter affidavit relied upon by the petitioner in support of his assertion of manipulation also does not show any apparent manipulation. Moreover, in the second page of the form the same entry 20.04.1950 has again been made with the affixation of LTI of the applicant at the bottom.;