LAWS(CA)-2002-10-2

SRI RAJA @ RAJKISHOR PARIDA Vs. UNION OF INDIA

Decided On October 11, 2002

JUDGEMENT

(1.) IN this Original Application under Section 19 of the Administrative Tribunals Act, 1985, the Applicant has prayed for the following reliefs:

(2.) It is the case of the Applicant that even though he had been in the Railways, on casual basis, from the year 1958 and Annexure-1 to the O.A. shows that he had been working in the Railways as a substitute/casual labourer, in the superannuation order dated 29.7.1997 it has been mentioned by the Respondents that he had worked only from 24.1.1990 to 31.8.1997; which fact he had also brought to the notice of his authorities/Respondents through representation but did not yield any fruitful result. It is alleged that even though his date of birth is 25.7.1942, the same has been wrongly recorded as "5.8.1939" and taking into consideration his wrong date of birth (as "5.8,1939") he has been made to retire prematurely at the age of 56 years and, therefore, according to his correct date of birth, he is entitled to continue in service upto the age of 60 years. He further alleged in his Original Application that his entire period of service starting from 1958 may kindly be computed towards pension and other retiral benefits. The fact remains that taking into consideration the entry of, the date of birth of the Applicant in the service records, he has been made to retire w.e.f. 31.8.1997.

(3.) VIDE order dated 18.7.2002, of this Tribunal, it was directed to the learned ASC Mr. Patnaik to produce the service records such as casual register, service book etc. of the Applicant which he had produced during the hearing.