CHHABI DEB BARMA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) In this application under Article 226 of the Constitution of India the petitioner has challenged the order bearing No. F.PERS(C)/ 217/ITI/88/Part-II/1786-88 dated 18th July. 1998 passed by the Principal, Industrial Training Institute, Indranagar, Agartala (Annexure-9 to the writ petition) by which she was retired on superannuation from service with effect from June 30, 1998.

(2.) The petitioner joined service as a skilled Tailor in the Department of Industries in the year 1963 and she was subsequently promoted to the post of Instructor. At the time of her entry into the service, her date of birth was recorded as 17.4.1940 and as such at the time of publication of seniority list her date of birth was shown as such i.e. 17.6.1940 A.D. The petitioner made representation for correction of her date of birth as 14.6.1942 A.D. and in this regard there were some correspondences between the petitioner an the authority concerned. According to the petitioner she submitted a copy of her School Certificate on 26.8.1993. In the aforesaid copy of the School Certificate her date of birth, according to school records, has been shown as 14.6.1942 and this School Certificate has been issued by the Headmaster. No. 3(A) Junior Basic School, Agartala. Even after submission of the School Certificate, the Addl. Director of Industries & Commerce, Tripura by his letter dated 24.11.1997 requested the petitioner to produce her School Certificate in original duly authenticated by Director/Dy. Director of School Education (Annexure-7). As a reply, the petitioner submitted a letter dated 30.12.97 to the Additional Director of Industries & Commerce, Government of Tripura, Agartala (Annexure-8). in that letter it was stated by the petitioner that Certificate had already been submitted. Thereafter the impugned order dated 18th July, 1998 was passed.

(3.) As the matter involved correction of date of birth, the learned Government Advocate was directed to produce the service records of the petitioner. In the service records it has been found that originally the date of birth of the petitioner was recorded as 17.6.1940 A.D. But subsequently the said entry was found scored-through and an endorsement is found reading as "Date of birth is verified. Date of birth is 14th June, 1942" and there is one signature below the endorsement with the official seal of Assistant Director, Industries, Tripura and this endorsement is shown to have been made on 16.2.1991.