MANOJ KUMAR SWAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) APPLICANT's father, while continuing as regular Gangman under S.E. Railways, died prematurely on 17.2.1999, as is evident from the Death Certificate, produced under Annexure-A/1. Within three months from the date of sudden death, the mother (widow) of the applicant submitted a representation on 17.5.1999, seeking an employment on compassionate ground in favour of her son (the applicant) in order to remove the distressed condition of the family. The said representation was forwarded by Respondent No. 5 to Respondent No. 4 vide Endorsement No. E/6/VII/233 dated 17.5.1999, with the following remarks.

(2.) It is the stand of the respondents in the counter that applicant's father entered into service on 24.3.1967 and his service was confirmed on 24.3.1968. On the prayer of the applicant's father, the respondents entered into an enquiry and directed his date of birth to be corrected from 5.3.1940 to 5.11.1942 in the service record. In course of enquiry in question, the father of the applicant produced an affidavit before the respondents to substantiate his claim that his date of birth was really 5.11.1942 and not 4.3.1940. It is the case of the respondents that on the face of the fact the date of birth of the applicant's father being 5.3.1940, he was due to face the retirement w.e.f. 5.3.1998 and therefore, he having died on 17.2.1999, the applicant is not entitled to be provided with an employment on compassionate grounds. It is the further case of the respondents that the correction of date of birth (from 5.3.1940 to 5.11.1942) was unilaterally reversed (to 5.3.1940) on 27.9.2000. Apart from this, no other objections have been raised in the counter to throate the prayer of the applicant for compassionate appointment.

(3.) AS it appears from the pleadings of the parties, the sole question for consideration is whether the correct date of birth of the applicant's father was 5.3.1940 or 5.11.1942 and whether the respondents are justified in altering the date of birth of the applicant's father, unilaterally, at the fag end of his service career.