SMT. JAMNA Vs. THE STATE OF RAJASTHAN AND ORS.
LAWS(RAJ)-2011-3-144
HIGH COURT OF RAJASTHAN
Decided on March 17,2011

Smt. Jamna Appellant
VERSUS
The State of Rajasthan and Ors. Respondents

JUDGEMENT

Govind Mathur, J. - (1.) WHILE employing the Petitioner as Kuli on 5.11.1988, his date of birth was entered as 5.4.1958 in service records. On 1.4.1993 semi -permanent status was conferred to the Petitioner and regular pay -scale was granted to her.
(2.) BY an office order dated 3.7.2002, the Deputy Conservator of Forest, World Food Programme, Jaisalmer by relying upon some medical opinion, changed the date of birth of the Petitioner in her service record from 5.4.1958 to 19.3.1945. Under the order dated 3.7.2002, a direction was also given to the Petitioner to submit explanation regarding wrong insertion of date of birth in the service record. The Petitioner submitted a detailed explanation asserting her date of birth as 5.4.1958 only. She also stated that no definite date of birth can be prescribed by a routine medical check up. The Petitioner was subsequently placed at the disposal of Divisional Commissioner, Jodhpur on being declared surplus in the Department of Forest. Her services were absorbed with the Department of Education, however, in view of the office order dated 3.7.2002, the date of superannuation of the Petitioner has been changed, thus, this petition for writ is preferred to challenge the order dated 3.7.2002.
(3.) IT is submitted by learned Counsel for the Petitioner that no change in the date of birth entered by the Petitioner at the time of her initial appointment could have been made by the Respondents just on basis of medical opinion, that being nothing but a routine medical check up.;


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