- (1.) THE present special appeal has been filed against the judgment and order dated 25th May, 2010 passed by the learned Single Judge whereby the writ petition preferred by the Appellant seeking correction in her date of birth as recorded in the Service Book has been dismissed.
(2.) WE have heard Mrs. Swati Agrawal, learned Counsel for the Appellant and Sri Prashant Mathur learned Counsel appearing for the Respondents and have perused the impugned order dated 25th May, 2010 passed by the learned Single Judge giving rise to the present appeal, the grounds taken in the memo of appeal and the documents filed along with it. The Appellant joined as sweeper in the Cantonment Board, Allahabad on 5th December, 1979. In the Service Book prepared at the time of joining of service her year of birth was mentioned as 1950 both in words and figures. The Service Book contains the signature of the Appellant also . According to the Appellant her year of birth is 1958 as per School Leaving Certificate and, therefore, she had made an application in the year 1995 for correction in her year of birth in the Service Book. After a gap of 10 years another application dated 10th February, 2006 seeking correction was filed. In the application dated 10th February, 2006 no mention whatsoever was made of the earlier application having been filed in the year 1995. The learned Single Judge on the basis of the material on record came to the conclusion that when the Appellant is going to retire she had sought correction of year of birth which cannot be permitted. Feeling aggrieved the present appeal has been filed.
(3.) MRS . Swati Agrawal, learned Counsel for the Appellant submitted that according to her School Leaving Certificate, the Appellant's year of birth is 1958 and that being the position the wrong entry made in the service record being the year of her birth as 1950 ought to have been corrected for which a representation was made by her in 1995 and thereafter in the year 2006 and the learned Single Judge erred in holding otherwise.;