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Judgment
V. Ajay Kumar, J
The applicant, a Waiter in the respondent-Northern Railway, filed the OA questioning the Annexure A-1 letter dated 10.11.2017 of the respondents, whereunder it was intimated that as per the Service Record of the applicant, his date of birth is 18.02.1958 and accordingly, they are intending to retire the applicant with effect from 28.02.2018. It is submitted that the actual and correct date of birth of the applicant is 18.02.1959 but not 18.02.1958 and that the respondens in various documents, such as, pay slips etc. have mentioned that the date of birth of the applicant is 18.02.1959 and hence, now at the verge of retirement of the applicant, they cannot suddenly state that his date of birth is 18.02.1958. The applicant also enclosed certain educational record, which shows that his date of birth is 18.02.1959. Accordingly, he prays for stay of the said impugned letter dated 10.11.2017 pending disposal of the OA.
Heard Shri Pushpinder Singh, learned counsel for the applicant and Shri S.M. Arif, learned counsel for the respondents.
On our directions, the respondents counsel has produced the original Service Record of the applicant which we have perused.
It is the settled principle of law that the date of birth menionted in the Service Book/Record/Register of an employee governs his date of retirement unless the same is corrected as per due procedure of law. It is not in dispute that at the time of appointment of the applicant itself, his date of birth was recorded as 18.02.1958 and it cannot be said that the applicant was not aware of the said fact for all these more than three decades. It is also not his case that the date of birth recorded in his Service Record was in any manner meddled with or tampered with or corrected at any point of time, by anybody to his disadvatage. It is also not his case that he sought for correction of the same at any point of time.
In the circumstances, the balance of convenice does not lie in favour of the applicant to grant any stay. Accodingly, the prayer for interim relief for stay of the impugned order dated 10.11.2017 (Anneuxre A-1) is rejected.
List the OA on 12.03.2018 for filing reply of the respondents.