KRISHNA DEVI Vs. AIRPORT AUTHORITY OF INDIA

JUDGEMENT

(1.) The issue raised in the present petition is with respect to date of birth of the petitioner. Petitioner states that her date of birth should be taken as 10.2.1962 whereas respondents taken the same as 1.7.1945. On account of the later date of birth claimed by the petitioner, the retirement age also therefore be subsequent and not in the year 2005 as has been determined by the respondent/employer.

(2.) The fact of the matter is that the respondent no.1/employer/Airport Authority of India passed an order of superannuation of the petitioner way back on 9.5.2005. This information sent to the petitioner reads as under:-

(3.) Petitioner challenged this action of the respondents by filing writ petition in this Court being W.P.(C) No.6032/2005. This writ petition was dismissed by a learned Single Judge of this Court. The LPA filed against the judgment of the learned Single Judge was also dismissed by a Division Bench of this Court on 5.7.2005. Petitioner preferred an SLP in which the Hon'ble Supreme Court vide order dated 7.4.2008 directed conduct of medical examination of the petitioner and as per that medical examination conducted by a board from AIIMS, New Delhi, the age of the petitioner was reported to be more than 55 years as on 12.11.2008. This therefore belied the claim of the petitioner that she was only in fact born on 10.2.1962 inasmuch as if the petitioner was found to be more than 55 years of age as on 12.11.2008, she could not be said to have been born on 10.2.1962 as was contended by her. A supplementary affidavit was accordingly filed by the respondents before the Supreme Court on 11.12.2008 disputing the claim of the petitioner. Supreme Court ultimately dismissed the SLP on 24.1.2011.