CHENIMAI KALITA Vs. STATE OF ASSAM & OTHERS

JUDGEMENT

(1.) In this writ petition under Art. 226 of the Constitution of India, the petitioner has challenged the order dated 1.11.92 of the Block Elementary Education Officer, Kaliabor, Nagaon, Assam by which she has been released from her service as Assistant Teacher, Dulal Madhav Prathamik Vidyalaya on the ground that her date of retirement was 28.2.91.

(2.) The facts stated in the writ petition are that the petitioner has been working as Assistant Teacher, No. 2 Dulal Madhav Prathamik Vidyalaya, which is a provincialised school under the State of Assam. The date of birth of the petitioner was 16.1.1936 as per the school certificate and the certificate issued by the Principal, Basic Training Centre, Roha. Copies of the said school certificates and the certificate issued by the Principal, Basic Training Centre, Roha annexed to the writ petition as Annexure A and B.

(3.) The further case of the petitioner is that although the date of birth of the petitioner was originally recorded in the Service Book as 28.2.1933, on an enquiry made by the Deputy Inspector of Schools, Nagaon and on the basis of the said school certificate (Annexure A) the Deputy Inspector of Schools, Nagaon has corrected the date of birth in the Service Book as 16.1.1936 instead of 28.2.1933.