USHA KIRAN SAXENA Vs. STATE OF M.P.

JUDGEMENT

(1.) This intra-court appeal preferred u/S 21. of the Madhya Pradesh Uchcha Nyayalaya Khand Nyayapeeth Ko Appeal. Adhiniyam, 2005, assails the final order dated 29.08.2019 passed by learned Single Judge in WP.6375/2016 exercising writ jurisdiction u/ Art.226 of the Constitution dismissing the petition in question by which challenge was made to the order dated 02.09.2016 vide Annexure P-1 by which the petitioner/appellant holding the civil post of Assistant Teacher was deemed to be retired with effect from 31.12.2013 by treating her to have superannuated on attaining the age of 62 years based on her date of birth 15.12.1951 with direction to recover the salary paid to the petitioner for the period beyond 31.12.2013.

(2.) Learned counsel for the rival parties are heard on the question of admission and as well as final disposal.

(3.) Learned Single Judge after going through the record found that date of birth of 15.12.1951 was recorded in the service book of the petitioner prepared on 26.09.1983. The reason behind the change made was that the date of birth originally recorded in the service book was 15.12.1951 and by overwriting it was changed to 15.12.1961 and thereafter by scoring out was again changed to 15.12.1957. As such a committee to enquire into the matter was constituted which asked the petitioner to submit authentic documents vouching for her actual date of birth. Despite grant of various opportunities petitioner failed to submit her 10 th Class marksheet but instead submitted a Higher Secondary Certificate 'B' Course [Science] showing the petitioner to have cleared High Secondary in 1966. Thus, the petitioner had passed Higher Secondary Examination in 1966 when she was only 9 years old based on her claimed date of birth of 15.12.1957.