ASHA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By means of this writ petition, petitioner has challenged the notice of superannuation dtd. 12/10/2023 issued by respondent-Nagar Palika Parishad to the petitioner, whereby she was informed that she would be retired on superannuation on 31/12/2023 and further to correct the date of birth of the petitioner to 20/1/1968 in her service record.

(2.) Petitioner was initially appointed by Nagar Palika Parishad, Nainital, as Sanitation Worker on 26/11/1987 and since then, she has been performing her duties to the best of her abilities and to the satisfaction of her superiors. Her work and service have always been appreciated by the respondent-Nagar Palika Parishad and she is in continuous regular service with the respondent-Nagar Palika Parishad from the date of her appointment without any break. Petitioner has no formal education and was always under bona fide information that her service record contained her actual date of birth and other antecedents correctly. Petitioner was shocked when she was received the notice dtd. 12/10/2023 impugned in the writ petition, whereby it was stated that owing to her date of birth recorded in the service record i.e. 8/12/1963, on her turning 60, she would be retired on 31/12/2023. Thereafter, petitioner approached the office of the respondent-Nagar Palika Parishad to correct her date of birth, as according to her, her actual date of birth is 20/1/1968 not 8/12/1963 and she has requested the same to be corrected in her service record with the necessary documents supplied by her on 20/12/2023 along with her written representation.

(3.) Petitioner contends that from the documents i.e. her birth certificate and her Aadhar Card reveal that her date of birth is 20/1/1968, but the respondent-Nagar Palika Parishad did not decide the representation of the petitioner dtd. 20/12/2023. Feeling aggrieved, petitioner approached this Court.