TARA DEVI Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the learned Standing Counsel for the respondent no. 1. A counter affidavit has been filed by Sri J.N. Maurya for the respondent Basic Shiksha Parishad who has also been heard.

(2.) The writ petition has been filed for quashing of the orders dated 28.12.2010 and 25.8.2010 whereby the petitioner has been treated to have retired from service in 2009 as per the date of birth recorded in the service record as 16.8.1949.

(3.) The contention of the petitioner is that this date of birth is wrongly recorded and that the correct date of birth of the petitioner is 16.8.1951. To support the stand, the petitioner contends that this date of birth has been verified by the respondents themselves in the G.P.F. Account Book and the Insurance Papers and as such they cannot take a different stand. Learned counsel further submits that the date of birth was informed to the petitioner as 1951 and that the petitioner accordingly would have retired in 2011 and not in 2009.