SUBHASHINI JYOTI MASIH Vs. PRABHARI CHIKITSA ADHIKARI

JUDGEMENT

(1.) THE matter here arises from the attempt on the part of the appellant to invoke the writ jurisdiction of this Court with regard to change in her date of birth-seeking to have it declared that she was born about five years later than the date mentioned in her service record-And that too, on the verge of her retirement from Government service.

(2.) THE appellant, Smt. Subhashini Jyoti Masih was a Midwife working as such in a Government Hospital. She bad been appointed to this post on June 20, 1960. According to her Service Book her date of birth was July 1, 1993, which is also the date mentioned in her certificate of registration as a Midwife. She now claims, on the basis of her Junior High School Examination Certificate, that her correct date of birth was July 1, 1938 and not July 1, 1933, meaning thereby that her retirement should come in 1996 and not in 1991.

(3.) AS a measure of last resort, a point was sought to be taken for the first time in Special Appeal here which does not even figure in the grounds of appeal, that the age of retirement of the appellant was not 58 years, but 60 years. Counsel could, however, cite no rule or regulation prescribing 60 years as the age of retirement.