Wednesday, October 9, 2013

Bom OA No 49 of 2013

Bom OA No 49 of 2013


CENTRAL ADMINISTRATIVE TRIBUNAL                                                
BOMBAY BENCH, MUMBAI

ORIGINAL APPLICATION  NO:- 49/2013


Dated this   Monday the 28th  day of January, 2013


CORAM:- HON'BLE SMT. LEENA MEHENDALE, MEMBER (A)
HON'BLE SMT. CHAMELI MAJUMDAR, MEMBER (J)

Shri Bhagawandas
S/o Baliram Sukhadeve
Aged about 58 yrs. 
Occ.- Service,
R/o Archaeological Survey of India,
Nasik,
Sub Circle Nasik 
Dist Nasik, Maharashtra- 422 010           ...  Applicant


(By Advocate Shri D.B.Wankar)


Versus

1. The Union of India
through the Secretary, 
Ministry of Culture,
Shashtri Bhavan, 
New Delhi 110 011

2. The Director General 
Archaeological Survey of India,
Janpath, 
New Delhi 110 011

3. The Regional Director 
(Western Region)
Archaeological Survey of India,
Gandhinagar Gujrat 380 019

4. The Superintending Archaeologist 
Office of the Superintending Archaeologist
Aurangabad Circle, 
Bibi-ka-Makabara Aurangabad,
Maharashtra 431 004      ....Respondents


(By Advocate Smt. H.P.Shah)




O R D E R  - ORAL

Per : Smt. Leena Mehendale, Member (A)

Heard both the counsel.
2. The applicant, who has filed this Original Application on 15.01.2013 is retiring on 31.01.2013, he comes with a prayer that his Date of Birth which is shown in the official record as well as his School Leaving Certificate as 02.01.1953 should be corrected because as per his claim his real Date of Birth is 21.09.1955. The learned counsel also informs us that the applicant entered in service in 1976 and has approached his School authorities for change of Date of birth in 1978 and had heard nothing from them and did not raise any objections. Thereafter, he also requested the office to change his date of birth in the official record but did not pursue. These documents are not before us. We only have impugned order as Annexure A-1, which states that he made his last application for change of date of  birth to the office on 30.01.2012 and it has been rejected by order of respondents dated 21.12.2012. Thus, he has waited for more than 11 months knowing fully well that his official date of retirement would be 31.01.2013. He prays for interim stay for his retirement, but no stay at this stage can be granted. The prayer is totally unacceptable. He has not approached any judicial forum between 1976 to 15.01.2013, nor he appears to have pursued his claim with any vigour, to get the School Leaving Certificate record changed, if at all he was having any genuine case for the same.
3. In view of the above, this OA is dismissed.



(Smt.Chameli Majumdar)            (Smt.Leena Mehendale)
  Member (J) Member (A)    

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