KLORARIS @ KLOLARIS MARTHONG Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) The present Writ Appeal has been preferred, challenging the order dtd. 20/3/2024 of the learned Single Judge passed in WP(C) No.16 of 2023, by which the writ petition was dismissed being devoid of merits.

(2.) The case put forth by the appellant was that she had completed VIII Standard and was employed in Pinewood Hotel, MTDC Ltd., under the Respondent Nos.2 and 3 herein (in short 'the Employer') as Chambermaid on 8/9/1986. At the time of applying for the post, she simply signed the application duly filled in by the Employer with good faith on them, which contained a wrong date of birth as 14/12/1964. It was submitted that subsequently, she approached the Court for issuance of birth certificate, which was issued vide order dtd. 20/9/2019 and since there was a mistake crept therein, the appellant again filed one more application for correction of her date of birth and obtained a birth certificate based on the Court order dtd. 23/2/2022 from the Shillong Municipal Board on 9/3/2022, in which, her date of birth was recorded as 21/8/1966.

(3.) Learned Additional Advocate General has contended that based on the date of birth furnished by the appellant at the time of joining service, her date of birth was entered in the service record as 14/12/1964, based on which, the impugned order of retirement was issued, relieving her from service with effect from 31/12/2022. As per The Meghalaya Fundamental Rules and Subsidiary Rules, 1984, any alteration of date of birth should be made before three years of the actual superannuation, beyond which, no application can be entertained. For the sake of convenience, Note to S.R.8(c) is extracted hereunder: