SHANTI Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Rajendra Prasad Bharti, Advocate representing the petitioner and Sri R.D. Shahi Advocate/Standing Counsel appearing on behalf of the respondents.

(2.) Writ petition is finally heard and decided as all the parties are served, represented through counsels and also filed counter and rejoinder affidavits as provided under Chapter XXII Rule 2-II Proviso to Rules of Court.

(3.) This is a petition under Article 226 of the Constitution of India claiming writ of mandamus to direct the Chief Medical Superintendent, Virangana Avanti Bai Chikitsalaya, Lucknow (C.M.S.) to decide her representation dated 24.8.2004 (Annexure 3 to the writ petition) regarding her date of birth in the light of the medical certificate of age issued by the then Chief Medical Officer (C.M.O.) dated 23/27.6.1992 (Annexure 2 to the writ petition) and quash order dated 5.10.2004 (Annexure 4 to the writ petition) directing her to submit documents for preparation of pension papers on the ground that she will be superannuating w.e.f. 31.1.2005 on completing 60 years of age of retirement.