LAWS(CA)-2006-5-4

GOVIND RAM BHILWAR CMO IN CHARGE CGHS DISPENSARY Vs. UNION OF INDIA

Decided On May 05, 2006

JUDGEMENT

(1.) BY virtue of this OA, an order passed by the respondents on 29.12.2005 is assailed whereby the request of the applicant to change/alter his date of birth (DOB) from 7.6.1946 to 24.4.1949 has been turned down on the ground that representation preferred on 21.11.2005 is belated and time barred and the claim of the applicant for DOB is not an authentic one.

(2.) Learned senior counsel appearing for the applicant states that there have been discrepancies in the DOB as transpired from the horoscope though not an authentic proof, but the affidavit duly sworn before the SDM culminated into a request made to the erstwhile cadre, i.e., CHS where the applicant had been functioning on ad hoc basis. Later on, this request was not acceded to and there had not been any alternation in DOB. The applicant on being appointed on substantive post through UPSC on 16.12.1983, for want of alternation in DOB in his documents, he was constrained to record his DOB as in vogue, then, i.e., 7.6.1946.

(3.) IT is also stated that had the records with CHS been considered while disposing of the claim of the applicant, his case would not have brought within the cases, which are time barred where the request had been made at the fag end of service tenure.