SUDHIR AGARWAL, VIRENDRA KUMAR, JJ. - (1.) Heard learned Standing Counsel, appearing on behalf of petitioners. None has appeared on behalf of respondents though case called in revised. Hence, we proceed to hear and decide the matter after hearing learned Standing Counsel.
(2.) This writ petition under Article 226 of Constitution of India has arisen from judgment and order dated 09.03.2007 passed by State Public Services Tribunal, Lucknow (hereinafter referred to as "Tribunal") allowing Claim Petition no. 1046 of 2001 wherein petitioners have been directed to correct date of birth of claimant respondent as 01.01.1944, instead of 01.01.1941 recorded in service book, and give all consequential benefits after allowing her to continue in service as per date of birth 01.01.1944 till she attained age of superannuation.
(3.) From the record it is evident that claimant respondent was appointed as Auxilary Nurse Midwife on 04.02.1975. In service book her date of birth was mentioned as 01.01.1941. She passed High School examination in 1978 in which her date of birth was shown as 01.01.1944 but at the time of entering service, the said date of birth was not disclosed and in service book her date of birth was mentioned as 01.01.1941. According to said date of birth, she was retired on attaining of superannuation in 2001. She sought correction in date of birth and filed aforesaid claim petition at the fag end of retirement.;