AGARBATI BAI (SMT.) Vs. JOINT DIRECTOR MEDICAL AND HEALTH SERVICES

JUDGEMENT

(1.) THE Petitioner, by this petition, filed under Article 226/227 of the Constitution of India, seeks a declaration that the date of birth of the Petitioner be declared as on 09.02.1947 and consequently, the notice dated 11/12th March, 2003 (Annexure P/1) retiring the Petitioner from service w.e.f. 31.08.2003 as well as order dated 12/17th July, 2003 (Annexure P/2) whereby the Petitioner on attaining the age of superannuation on 31.08.2003 was directed to submit details for payment of C.P.F., gratuity etc., be quashed.

(2.) THE brief facts, in nutshell, are that the Petitioner was appointed as Hospital Attendant (Sanitary) Grade II in Jawaharlal Nehru Medical and Research Centre, Bhilai by the Respondents. The Petitioner made a declaration that on the date of appointment, her age was 29 years. Later on, the Petitioner arranged a certificate issued from the office of the Registrar (Birth and Death Registration) Rajnandgaon on 09.05.2003 (Annexure P/4), wherein her date of birth was stated to be 09.02.1947. The Petitioner claims correction in her date of birth as 09.02.1947 in place of 13.08.1943, which was initially recorded in her service book. Thus, the petition.

(3.) PER contra, Shri P. Diwakar, learned Senior counsel appearing for the Respondents would submit that the Petitioner was medically examined on 13.08.1972 by the Senior Industrial Medical Officer at the time of her initial appointment and it was found that her age was 29 years (Annexure R/1). Accordingly, her date of birth was recorded in the service book as 13.08.1943 (Annexure R/2). The Petitioner had obtained birth certificate after receiving the superannuation notice dated 11/12th March, 2003 on 09.05.2003 (Annexure P/4). The Petitioner was medically examined on 04.12.1990 and at that point of time also, the medical report reported her date of birth as 13.08.1943 (Annexure R/4). The Petitioner was thereafter regularized in S -1 grade by order dated 06.10.1995. At the time of regularization, she was further examined medically on 20.10.1995 (Annexure R/5). The same age as recorded in the service book and attestation forms. As per medical certificate dated 20.10.1995 (Annexure R/5) her age was 52 years. The petition was required to submit a fresh attestation form on her regularization and in the said regularization form dated 12.11.1995, the Petitioner stated her date of birth as 13.08.1943 (Annexure R/6). Part II of the service record was issued on 17th November, 1995 (Annexure R/7) wherein the Petitioner's date of birth was shown as 13.08.1943. The Petitioner knew about her date of birth before superannuation notice was received by the Petitioner. Thus, it is well settled that at the fag end of service career, the date of birth could not be modified or corrected.