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SCA/1166420/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 11664 of 2008
=========================================================
ANJANABEN
D TAMAKUWALA - Petitioner(s)
Versus
STATE
OF GUJARAT & 4 - Respondent(s)
=========================================================
Appearance
:
MR
KI ACHARYA for MR AG JOSHI for
Petitioner(s) : 1,
MS KRINA CALLA AGP for Respondent(s) : 1,
None
for Respondent(s) : 2 -
5.
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CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date : 18/09/2008
ORAL
ORDER
1.0. The
petitioner by way of this petition has prayed to direct the
respondents to consider the case of the petitioner with regard to the
retirement and further to direct the respondents to consider the
correct date of birth of the petitioner i.e. 10.03.1951 as mentioned
in the birth certificate.
2.0. The
short facts of the case are :-
2.1. On
12.09.1973, the petitioner was appointed as a teacher in the
respondent no. 2-school. It is the case of the petitioner that though
her correct date of birth, as mentioned in the birth certificate, is
10.03.1951, the respondent has entered the date in her service
records as 03.10.1950. It is the case of the petitioner that the
petitioner had requested the respondent to change the date of birth
in the service records, but the same has not been done. On account
of the said error in the service book, the petitioner had received a
letter from respondent no. 2 informing that her date of retirement
is 31.10.2008, and that necessary documents be supplied for
preparation of pension papers.
2.2. The
petitioner received another letter from respondent no. 3 stating that
the petitioner has to retire on 30.06.2008 as per the date of birth
mentioned in the service book as 03.10.1950. Therefore, the
petitioner made repeated request to correct the date of birth.
However, the same has not been done. Hence, this petition.
3.0. Heard
learned counsel for the parties. As per the say of the petitioner,
her correct date of birth is 10.03.1951, but inadvertently, it has
been recorded as 03.10.1950 in her service records. The petitioner
had requested the respondent-authority to rectify the said error in
the year 2008 i.e. after a period of 25 years.
3.1.
Considering the facts of the case, it would be relevant to refer to
the decision of the Apex Court in the case of State of U.P. &
Anr. v. Shiv Narain Upadhyaya, reported in (2005) 6 SCC pg 49,
wherein the Apex Court has held that the date of birth, as recorded
in the service book is decisive and correction thereof, can be sought
only in accordance with procedure prescribed and within the time
fixed under the rules or order or within reasonable time. The
challenge to the date of birth as recorded in the service book, made
on the eve of the retirement should not normally be entertained.
Thus, keeping in mind the principle laid down in the aforesaid
decision, I do not find any reason to interfere in this petition by
exercising powers under Article 226 of the Constitution of India.
4.0. In
the result, the petition is dismissed. No order as to costs.
[K.S.
JHAVERI, J.]
/phalguni/
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