ROOP KUMARI Vs. STATE OF HP

JUDGEMENT

(1.) Smt. Roop Kumari was a Trained Graduate Teacher posted at Girls Senior Secondary School, Nahan, at the time of filing the present original application. Through the present application, the applicant has sought the following reliefs: - (i) That it may be declared that the correct date of birth of the applicant is 17th Bhadon Samvat 1990 corresponding to 1.9.1933 A.D. (ii) That the superannuation of the applicant on 31.8.1990 as reflected in communication at annexure A -10 may be quashed and set aside; (iii) That the applicant may be held entitled to continue in service till 30.9.1991, i.e. the age of her superannuation according to her correct date of birth with consequential reliefs including arrears of salary and other benefits for the period during which she remained out of job due to her impugned retirement; (iv) Any other relief deemed proper in the circumstances may also be granted; (v) Cost of the application may also be awarded.

(2.) In brief the facts involved in the present petition are that the applicant when joined her service in the Municipal Committee, Nahan, her date of birth in her service book was recorded as 17th Bhadon Samvat 1990. Thereafter her services were taken by the government and the service book maintained at that time recorded her date of birth as 17th Bhadon Samvat 1990. However, there was another entry, her date of birth had been recorded as 3rd of August 1932 (3.8.32) but this entry was crossed and cutting was attested. In the service book itself later on when bio -data of Smt. Roop Kumari Pundir, T.G.T. was recorded there were two date of birth recorded therein. It appeared originally it was recorded 17th Bhadon Samvat 1990 (1st of September 1933). This date of birth was according to the Municipal Committee record and later on date of birth was 3rd of August, 1932 which was on the basis of matriculation certificate. In this very document the entry was made on 25.8.1990 wherein it was recorded as such. "The entry t of date of birth as shown in matriculation certificate is 3rd of August,19321 has been accepted by the Secretary Education vide his letter No. Shiksha -II -kha -13 -19/87, dated 22.8.1990 for the purpose of retirement".

(3.) The applicant was then retired on 31.8.1990 after attaining the age of superannuation on the basis of the date of birth recorded in the matriculation certificate. The applicant has pleaded that her date of birth actually as recorded in the service book from the start was 17th Bhadon Samvat 1990 Vikrami and this date in case changed to Christan era comes out to be 1st of September 1933 and as such she was to retire after attaining the age of superannuation in the year 1991.