SHANTABEN MANIBHAI VALAND Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has challenged in this petition the impugned order dated 12-8-2003 Annexure I, terminating her services. She was appointed on 20-3-1976 as a part time water woman for three hours for a day on the basis of Employment Exchange registration. However, her exact date of birth was not available. Therefore, the year of birth was mentioned as 1936. Going by that record, she would have continue in service up to 1996 on reaching the age of superannuation of 60 years. Subsequently she had produced birth certificate dated 26-5-98, Annexure G, showing her correct birth date as 10-12-45. Therefore, she was continued in service even after 1996. However, without giving any opportunity of hearing, the respondent-authority discontinued her services by the impugned order dated 12-8-2003 on the ground that she was born in 1936 and not in 1945. For terminating the services of the petitioner, the respondent-authority had relied on the certificate dated 9-10-2003, issued by Anand Nagar Palika, Anand, (Annexure R-3) annexed to the affidavit-in-reply. On 27-7-06, this matter was heard. It was contended by the learned counsel for the petitioner that without making any inquiry or without giving any opportunity to the petitioner regarding her date of birth, her service was terminated abruptly by the respondent authority. It was also contended that in such type of case, she could have been even sent to the Medical Board for her examination and on receiving the report, the respondent-authority could have passed the proper order. However, petitioner was not present on that day. Therefore, the matter was kept on 7-8-2006

(2.) On 7-8-2006, petitioner personally remained present with the certificate dated 26-5-98, issued by the Talati-cum-Mantri of Nar Gram Panchayat, Tal. Petlad. Thereupon, Talati-cum-Mantri of Nar Gram Panchayat was directed to personally remain present before this Court on 1-9-2006 i.e. today with original record. Meanwhile, the petitioner was sent for her medical examination before the Medical Officer, Main Civil Hospital, Ahmedabad on 14-8-2006 and the Board was directed to give its report regarding the age of the petitioner after her clinical examination and the matter was ordered to be kept today.

(3.) Today, Shei S.C.Chaturvedi, Talati-cum-Mantri of Nar Gram Panchayat is personally present in the Court along with the original record which shows that the birth date of the petitioner was mentioned as per the order passed by the Petlad Court on an application filed by the sister of the petitioner. R.M.O., Class I of Civil Hospital, Ahmedabad has sent the certificate of the Board along with his letter dated 30-8-2006 which shows that as per the clinical examination of the petitioner, her age is approximately 60 years. Thus, birth certificate issued by Nar Gram Panchayat as well as medical certificate issued by the Medical Board clenches the issue that she could not be 73 as submitted by the respondents.