SARASWATI DEVI Vs. DAMODAR VALLEY CORPORATION
LAWS(JHAR)-2001-8-44
HIGH COURT OF JHARKHAND
Decided on August 23,2001

SARASWATI DEVI Appellant
VERSUS
DAMODAR VALLEY CORPORATION Respondents

JUDGEMENT

S.J.MUKHOPADHAYA, J. - (1.) THE husband of petitioner. Late Avinash Prasad was in the services of respondents Damodar Valley Corporation (DVC for short). He died in harness, whereinafter the petitioner was given appointment as Messenger on compassionate ground.
(2.) WHILE the petitioner was functioning there appears to be a dispute cropped up relating to her date of birth and for the said reason, the petitioner has preferred the writ petition for direction on the respondents to immediately and forthwith send her entire service record for its verification and finalisation. She has also sought for a declaration that her date of birth is 24th May, 1950 and thereby be allowed to continue in service upto 60 years i.e. upto 24th May, 2010. During the pendency of the writ petition, the Respondent. Personnel Manager (A), Chandrapura Thermal Power Station, DVC, issued an Office Order No. 2449 dated 11th August, 2000, circulating the retirement forecast for the year 2001. Therein, the name of petitioner has been reflected at Sl. No. 51, showing her date of retirement as 31st August, 2001. In the circumstances, the petitioner has challenged the said Office Order dated 11th August, 2000 by filing amendment petition being I.A. No. 927 of 2001.
(3.) ACCORDING to the petitioner, she was intimated by Respondent No. 6, Senior Personnel Manager, CTPS. DVC Chandrapura that the date of birth of petitioner was accepted as 23rd February, 1941 as per first Medical Certificate, as was issued by the Medical Officer Incharge, CTPS, Hospital, vide letter dated 17th July, 1973. The petitioner on receipt of such letter, replied on 20th June. 1998 and brought to the notice of the D.G.M. (Administration). CTPS, DVC, Chandrapura that she was sent for medical examination which assessed her date of birth as 23rd August, 1941, but advised her to submit necessary educational certificates in support of her correct date of birth. In the aforesaid background, she collected SLC from the native village, wherein her date of birth was shown as 24th May, 1950, which was accepted by the authorities and thereafter all the records viz. Medical Treatment Book, Service Book. Gate Pass etc. were corrected showing her date of birth as 24th May, 1950.;


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