Virender Singh, C.J. - (1.) BOTH the writ petitions are arising out of a common order dated 15.05.2013 passed in O.A. No. 72 of 2011(R) by the Central Administrative Tribunal, Circuit Bench at Ranchi and as such they are being heard together and decided by this common judgment. W.P.S No. 3285 of 2013
(2.) FACT giving rise to the filing of the present writ is that in the school register the date of birth of the Respondent No. 1 was recorded as 10.03.1952 and the father of the respondent No. 1 represented before the authorities on 25.01.1963 and 12.12.1963 by alleging that the date of birth of the respondent No. 1 has been wrongly recorded as 10.03.1952 in place of 08.03.1954 in the school register but the request was turned down vide order date 12.12.1963 and dated 16.03.1964 respectively. In the meantime the respondent No. 1 joined Central Silk Board on 11.07.1977 as Upper Division Clerk and in the Service record also the date of birth of the respondent No. 1 was recorded as 10.03.1952. However, the respondent No. 1 continued to make representations before the authorities for making correction in the date of birth. Finally, the Hon'ble Governor of Kerala by office order dated 16.12.2011 condoned the delay and accorded sanction under Rule 3, Chapter VI K.E.R. to apply before the Commissioner for Government Examination to consider his request for correction of date of birth. The Mahanagar Palika, after inquiry, corrected his date of birth of the respondent No. 1 as 08.03.1954 and accordingly fresh birth certificate issued on 19.01.2012. Thereafter, the respondent No. 1 approached before the Commissioner, Government of Examination who by order dated 17.03.2012 gave direction to the Secretary and pursuant to that direction by order dated 20.03.2012 the date of birth of the respondent has been corrected in Secondary School Leaving Certificate (hereinafter referred to as S.S.L.C) as 08.03.1994 in place of 10.03.1952. After correction of the date of birth, the respondent filed representation on 27.02.2012 for making necessary correction in the Service Book but the same was rejected by the Director In -charge, Central Silk Board vide order dated 17.03.2012. The respondent No. 1 filed O.A. No. 72 of 2012 (R) before the Central Administrative Tribunal, Patna Bench Ranchi and the same was allowed by order dated 15.05.2013 by directing the authorities to allow the respondent No. 1 to continue in his job till the actual date of his retirement by treating his date of birth as 08.03.1954 after making necessary correction in the service book. The authorities were also directed to treat the intervening period from 31.03.2012 till resumption of duty as continuous service giving the notional benefit for that period. Hence, the present writ. The learned counsel for the petitioner, Mr. Indrajit Sinha, has assailed the impugned order mainly on the grounds that as per rules position any alteration in date of birth shall not be entertained after preparation of the service book or after completion of the probation period or after a period of five years limitation period. He further submitted that the service record may not be corrected at the fag end of service. He further submitted that in the order dated 16.12.2011 itself it has been mentioned that this order will not confer any right to the applicant that his date of birth in school record/SSLC Book or service records will be corrected.
(3.) PER contra, the learned Senior Counsel appearing for the respondent No. 1, Mrs. M.M. Pal submitted that there was a bonafide clerical mistake in the S.S.L.C and accordingly wrong entry was recorded in the service record and now when the said bonafide mistake had been rectified as 08.03.1954 in place of 10.03.1952, it is fit to be carried out in the service book. It is further submitted that unless such mistake can be rectified by the competent authority the applicant was not in a position to ask the change of his date of birth and thus his case cannot be rejected on the ground that the application for correction has been made at the fag end of service.;