COL P M XAVIER PRO SILCHAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The appeal is directed against the JUDGMENT & ORDER dated 7.11.94 passed by the learned Single Judge in Civil Rule No. 252 of 1994 dismissing the writ petition presented by the appellant-petitioner. In the writ petition the appellant as the petitioner called in question the communication dated 7th April, 1992 whereby the appellant- petitioner was intimated about the refusal of the Army Headquarter to rectify the date of birth and as well as the order of the Central Government dated 20.9.93 rejecting the statutory complaint of the appellant-petitioner to that effect.

(2.) The few basic facts are out-lined below: The petitioner-appellant was selected for permanent commission in the Indian Army as a 2nd Lieutenant on 15th June, 1974 and in due course moved upto the rank of Colonel. Prior to it he had a brief stint in the Indian Air Force and also in the Indian Army in short service commission. The date of birth of the petitioner-appellant was recorded as 15th April, 1945 in the service record on the basis of his school record. The petitioner-appellant realised the mistake as regards his actual date of birth and ascertained the said fact from St. Xavier's Church, Mannarapara, "Kuruppa- mthara, Kerala, where he was baptised, that his date of birth was 21st January, 1946 vide Annexure-1 of the petition. The petitioner- appellant accordingly moved the competent authority for correction of his date of birth in the official record. By communication No. 32745/IC 29472/MS 7C dated 30th January, 1975 the Military Secretary's Branch of Army Headquarter addressed to the Officer Commanding 36 Inf Div Sig Regt in response to the letter No. 1062/SIGS/184 dated 24th November, 1974 informed that no change can be accepted on the basis of date recorded in the Baptism Certificate. The following relevant passage of the communication from the letter is cited below :

(3.) By a letter dated 7th March, 1975 the petitioner - appellant approached the Director of Public Instructions. Trivandrum, Kerala State through proper channel for correction of his date of birth in the certificate of SSLC of the Board of Public Examination, Kerala held in the month of September, 1963. By the aforesaid communication the petitioner - appellant also intimated the Director that he approached the Registrar of Birth and Death of Manjoor Panchayat and they informed the petitioner - appellant that his date of birth has not been registered with them during the year 1945-47 and the petitioner - appellant enclosed a copy of the letter of the Registrar, Birth and Death along with his application addressed to the Director of Public Instructions. The Commissioner for Government Examinations, Trivandrum by his letter dated 17th March, 1975 asked the petitioner - appellant to make an appropriate application affixing Court fee and furnishing the school history to facilitate verification of the original school records wherever necessary. The petitioner - appellant was accordingly advised as follows :