STATE OF UTTAR PRADESH Vs. GULAICHI

JUDGEMENT

(1.) Leave granted.

(2.) Request for correcting the date of birth recorded, made a few days before the date of superannuation as per original records, having been accepted by the First Appellate Court and confirmed by the impugned judgment of the High Court this appeal has been filed by the State of U. P. and Chief Medical Officers, Azamgarh and Mau.

(3.) The respondent joined services under the State on 6th July, 1959. In the service book her date of birth was recorded to be 31-7-1929. Consequently, she was to retire on 31-7-1987. About three weeks before the date of retirement i.e. on 7-7-1987 she approached the acting Chief Medical Officer, Azamgarh claiming her date of birth to be 31-7-1939. The concerned official made the correction in her service book. On that basis, she claimed that she was not to retire on 31-7-1987. A suit was filed by the respondent plaintiff for a declaration that her date of birth is 31-7-1939, but by mistake of an officer/employee of the department it was wrongly recorded as 31-7-1929. The suit was essentially for a declaration that her date of birth to be 31-7-1939, on consideration of the materials brought on record. The stand was resisted by State of Uttar Pradesh. Analysing the materials on record, learned 7th Addl. Munsif, Azamgarh dismissed the suit. But in appeal, learned 7th Additional District Judge, Azamgarh allowed the appeal and decreed the suit to the effect that the date of birth of plaintiff (respondent herein) to be 31-7-1939 and that she was entitled to all service benefits on that basis.