Original Application No. 85/2010. Case: Bal Ram S/o Rampal Vs 1. Union of India, Through General Manager, Western Central Railway, Jabalpur (M.P.), 2. Divisional Railway Manager (Estt.), Western Central Railway, Kota Division, Kota (Rajasthan). Central Administrative Tribunal
| Case Number | Original Application No. 85/2010 |
| Judges | K. S. Rathore (Judicial Member) |
| Issue | Indian Railway Establishment Code |
| Judgement Date | May 31, 2011 |
| Court | Central Administrative Tribunal |
Judgment:
(Jaipur Bench)
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The present OA is directed against the order dated 28.11.2008 (Annexure A/1) showing the name of the applicant in the list of the retiring employees and vide impugned order dated 01.10.1993 (Annexure A/2), rejected the representation of the applicant.
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The case of the applicant is that he was initially appointed on the post of Casual Truck Driver in the pay scale of Rs.950-1500 in Western Railway and was granted temporary status after completing requisite number of days. As per the applicant his date of birth is 04.07.1952 and the same was recorded in the Service Book by the respondents. The Indian Railway Establishment Code Vol. I provides procedure regarding entering date of birth. Rule 225 of Indian Railway Establishment Code Vol. I and Railway Ministry Decision, which has been referred to by the applicant is reproduced hereinunder:-
225. Date of Birth
(1) Every person, on entering Railway Service, shall declare his date of birth, which shall not differ any declaration expressed or implied for any public purpose before entering in Railway Service. In case of literate staff, the date of birth shall be entered in the record of service in the Railway Servant's own handwriting. In case of illiterate staff, the declared date of birth shall be recorded by senior Railway Servant and witnessed by another Railway Servant.
(2) A person who is not able to declare his age should not be appointed to Railway Service.
(3)(a)When a person entering service is unable to give his date of birth but gives his age, he should be assumed to have completed the stated age on the date of attestation, e.g. if a person enters service on 1st January, 1980 and if on that date his age was stated to be 18, his date of birth should be taken as 1st January, 1980.
(b) When the year or tear and month of birth are known but not the exact date, the 1st July or 16 of that month, respectively, shall be treated as date of birth.
(4) The date of birth as recorded in accordance with these rules shall held to be binding and no alteration of such date shall ordinarily be permitted subsequently. It shall, however, be open to the president in case of Group A & B servant, and a General manager in case of Group C & D Railway Servant to cause the date of birth to be altered.
(i) Where in his opinion it had been falsely stated by the Railway Servant to obtain an advantage otherwise inadmissible, provided that such alteration shall not result in Railway Servant being retain in Service longer than if the alteration had not been made, or
(ii) Where, in the case of illiterate staff, the General manager is satisfied that a clerical error has occurred, or
(iii) Where a satisfactory explanation (which should not be entertained after completion of probation period, or three years of service, whichever is earlier) of the circumstances in which the wrong date come to be entered is furnished by the Railway Servant concerned, together with the statement of previous attempt made to have the record amended.
Railway Ministry's Decision -
(a) When a candidate declare the date of birth, he should produce documentary evidence such as a Matriculation certificate or a Municipal Birth Certificate. If he is not able to produce such evidence he should be asked to produce any other authenticated...
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