Dhananjaya Yeshwant Chandrachud,Pradeep Kumar Singh Baghel, J. - (1.) THE special appeal arises from a judgment of the learned Single Judge dated 8 September 2014.
(2.) THE third respondent was appointed as a Class -IV employee in the B.D.M. Municipal Girls Inter College, Shikohabad, District Firozabad on 8 December 1982. The appointment appears to have been made at the behest of the District Magistrate since the husband of the third respondent was killed in the course of an incident of mass violence. The case of the appellant is that in the service book, the date of birth of the third respondent was recorded as 7 January 1949, which was duly countersigned by the third respondent. On this basis, the third respondent was to attain the age of superannuation on 30 January 2009. In January 2008, the pension papers were prepared by the then Principal of the Institution. When the third respondent obtained knowledge of the preparation of the pension papers, an advocate's notice was addressed on 16 July 2008 on her behalf. Eventually, a writ petition was filed under Article 226 of the Constitution, for quashing the decision of the Principal dated 24 July 2008 and for seeking a mandamus not to retire her from service until she attains the age of superannuation in 2019 or 2020.
(3.) THE learned Single Judge has, in the impugned judgment, noted that the third respondent had filed a medical certificate issued by the Chief Medical Officer, Firozabad on 25 June 2008 mentioning her age as 48 years. Moreover, it appears from the impugned judgment that an interim direction was issued during the pendency of the petition in pursuance of which the third respondent was subjected to a medical examination by the Chief Medical Officer, Allahabad on 2 April 2012 after which, a medical certificate was issued recording her age as 53 years. The learned Single Judge has not entered a finding of fact as such, but has directed the Principal and the Manager of the Institution to submit all the relevant papers before the District Inspector of Schools, who was permitted to be impleaded and the latter was directed to pass an appropriate order in accordance with law within one month.;