PRABHA DEVI Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned Counsel for the petitioner. The petitioner was a class IV employee in the Health Department. According to the respondents she was to retire on 31st July, 2007 as her date of birth according to the medical certificate was 13th July, 1947 and since she was allowed to continue beyond the said period, an order was passed on 7th January, 2008 retiring her from service forthwith with a further direction of recovery of the amount of salary obtained by her after 31st July, 2007. It is this order which is under challenge by the petitioner on the ground that the impugned order is founded on the strength of records which would not alter the status of the petitioner and that no information was given to the petitioner about any alteration in the date of birth as recorded in the service book.

(2.) The petitioner contends that the service book of the petitioner categorically records the date of birth of the petitioner as 13th July, 1949. The petitioner was never put to notice about any such alteration and her date of birth continued to be recorded as such in the service book. It is admitted that the aforesaid aspect of the matter that her date of birth was recorded as 13th July, 1949 in the service book has not been disputed in the counter-affidavit. It is submitted that in the absence of any such alteration made therein the respondents could have proceeded to pass the impugned order. Reliance is placed on Uttar Pradesh Recruitment to Services (Determination of Date of Birth) Rules, 1974. The said rules are as follows:

(3.) The rules clearly indicate that they shall have effect notwithstanding anything contained in any other law for the time being in force. It further indicates that the entry made in the service book shall be deemed to be the correct date of birth.