MANJULABEN AMICHAND PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY this petition filed under Article 226 of the Constitution of India, the petitioner has prayed to set aside the communication dated 11.6.2013 issued by the Director of Primary Education, and communication dated 11.6.2013 whereby the request -proposal to correct the date of birth of the petitioner was turned down. The petitioner has sought declaration that she is entitled to get her date of birth corrected from 31.5.1955 to 31.5.1956 and on the basis of date of birth of 31.5.1956, she is entitled to continue in service upto 31.5.2014 or the academic term ending in the month of October, 2014, as primary teacher.

(2.) THE case of the petitioner is that when she joined the services as primary teacher on 2.2.1976, she had attached SSC Mark Sheet showing her date of birth as 31.5.1956. However, because of the mistake of the Department, instead of recording her date of birth as 31.5.1956, her birth of date was recorded by the department as 31.5.1955. The petitioner, when came to know about such mistake committed by the department, requested to correct such date and as per the case of the petitioner, even the District Primary Education Officer recommended for correction of birth date of the petitioner on the ground that it was the error on the part of the department in recording the incorrect birth date. As per the case of the petitioner, on the basis of her correct date of birth, the petitioner could have been continued in service till the end of term after 31.5.2014 but she is retired on 31.5.2013 based on the incorrect date of birth.

(3.) THE petition is opposed by affidavit in reply filed on behalf of respondents No.3 and 4 mainly stating that the petitioner during her service from 1976 to 2013 has not given any application for correction in her date of birth and since as per the Government Resolution, the petitioner was required to give application for correction in the birth date within five years from the date of her joining service, the action taken to retire her with effect from 31.5.2013 is legal.