UMA SENGUPTA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) In this writ petition the petitioner, inter alia, has sought for a writ of mandamus directing the respondents to declare the date of birth of the petitioner as on 2.4.43 instead of 1.8.37 as recorded in the service book of the petitioner at the time of her entering into the service.

(2.) I have heard Mr. C. S. Sinha, learned counsel for the petitioner as well as Mr. A. Ghosh, learned counsel for the respondents.

(3.) Facts leading to the filing of the present writ petition may be briefly recited strictly for the purpose of disposal of this writ petition. Petitioner joined in the service as auxiliary-cum- midwife with effect from 4.9.59. As would appear from the original service record of the petitioner produced at the time of the hearing of this writ petition, the date of birth recorded in her service book was as on 1.8.37. In 1974, the petitioner passed the School Final examination (Complimentary). The age recorded in the School Final examination of the petitioner was 2.4.43. It is the case of the petitioner that her date of birth should be accepted as 2.4.43 as recorded in her admit card of the School Final examination conducted in 1974 instead of 1.8.37 as recorded in the original service book of the petitioner at the time of petitioner's entering into the service. In the interregnum, by an order dated 1.11.95, the petitioner has been superannuated with effect from 31.7.95 on attaining the age of superannuation. The claim of the petitioner for changing of her date of birth from 1.8.37 to 2.4.43 has also been rejected by a memorandum dated 26.10.95. The petitioner has filed the present writ petition on 11.4.97 for the first time seeking a writ of mandamus to direct the respondents to alter the date of birth of the petitioner from 1.8.37 as recorded in the original service book to 2.4.43 as recorded in the School Final examination in 1974.