SMT ZEENAT BEGAUM Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Present writ petition has been filed questioning the validity of order dated 14.07.2000 passed by Superintending Engineer, Minor Irrigation Division, holding the date of birth of the petitioner to be 21.08.1943 and the validity of order dated 15.01.2002 passed by Executive Engineer, Minor Irrigation Division, directing superannuation of petitioner on the basis of the aforementioned date of birth.

(2.) Brief background of the case, as disclosed in the writ petition is that petitioner's husband Menhdi Hassan was Boring Technician in Minor Irrigation Department, Kanpur. He expired on 03.05.1985. Petitioner moved application for grant of succession certificate to his legal heirs and the said certificate was issued on 21.08.1985. Thereafter, petitioner applied for grant of compassionate appointment, and in this regard she appeared before the Chief Medical Officer, Kanpur and the Chief Medical Officer on 04.07.1988 on the basis of petitioner's own statement and on the basis of general appearance, mentioned her age to be 35 years. Thereafter petitioner was offered compassionate appointment and on the basis of certificate dated 04.07.1988 her age in the service record was recorded as 35 years. While petitioner was continuing in employment, audit objections were raised; thereafter show cause notice was issued to the petitioner on 18.12.1988, and petitioner was asked to produce relevant evidence. Thereafter, order dated 14.07.2000 had been passed clearly mentioning therein that the age of her elder son was 23 years, as such accepting her age to be thirty five years on 04.07.1988, was an impossible situation, and cannot be conceived of; in this background 21.08.1943 was accepted as her date of birth. After the said decision had been taken on 14.07.2000, petitioner represented her matter on 10.10.2000, on which various correspondences have been entered upon. Letter was written by Chief Medical Officer, Etawah, reiterating the same age and in the meantime, petitioner has attained the age of superannuation as per the said age i. e. 21.08.1943 and she has been sought to be superannuated. At this juncture present writ petition has been filed.

(3.) Counter affidavit has been filed disputing the averments made in the writ petition and taking stand that correct decision has been taken. To the said counter affidavit rejoinder affidavit has been filed disputing the averments made therein. It has been further reiterated that the Chief Medical Officer, Etawah has again reiterated the same date of birth, as such writ petition deserves to be allowed.