- (1.) HEARD the parties. After death of the her husband, P.K. Narayan in harness, the respondent No. 1 herein was given compassionate appointment in the year 1977, by the Management of the Heavy Engineering Corporation Limited, Ranchi. During his service period, her husband on 1.2.1969, in a declaration had given the age of his wife, namely, the respondent No. 1 to be approximately 24 years.
(2.) ALTHOUGH it appears that the respondent No. 1 was already a graduated at the time of her compassionate appointment, but she failed to produce any document in proof of here date of birth and, therefore, on her oral declaration, in Coloumn -8 of the Personal Data Form (Annexure 4), her age was mentioned as 32 years. The said form was duly signed by her. Subsequently, it appear that on 1.12.1979 she got issued a school leaving certificate from J.K. High School, Begusarai, wherein her date of birth was mentioned as 15.9.1948, whereas according to her age mentioned in Personal Date Form, her date of birth comes to the year 1945. It further appears that on 6.8.1990, the said school leaving certificate as well as the matriculation certificate were produced by her before the A.P.O. (EST/ MOE, HQrs.) of the Corporation, who made endorsement thereon and placed those documents on record. Further on the basis of those papers, the Deputy Manager (Education) of the Corporation made correction in her date of birth and thereby it was changed from 4.5.1945 to 15.9.1948 and, consequently, such correction was made in her Service Book too. Later on, the Senior Manager, P & A H Qrs of the Corporation issued communication dated 19.11.2000 to the effect that the Deputy Manager (E), had no authority to accept her date of birth as 15.9.1948, on the basis of the aforesaid school leaving certificate, some time in the year 1991, without taking approval of the competent authority and, therefore, direction was given to the Medical Division of the Corporation to recall the correction made by the Deputy Manager (Education) and to recorrect her date of birth as 18.7.1945.
(3.) AGGRIEVED by the said direction, the respondent No. 1 filed W.P. (S) No. 5821 of 2001 in this Court for quashing the said order and for a direction to accept her date of birth as 15.9.1948.;