CHARUBALA DEVI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This application has been filed by the petitioner, Smti Charubala Devi, Vice Principal of Bhakar Vidyapith Higher Secondary School. The prayers made in this writ application are to quash the two Annexures i.e. Annexure-D and F. Annexure-D is dated 3.11.92 and Annexure-F is dated 12.11.92 and further communication dated 25.11.93, Annexure-H issued in pursuance of the earlier two orders. The further prayer of the petitioner is that the petitioner should be given all the service benefits declaring her date of retirement as 31.6.96. Annexures-D, E and F are quoted below: Annexure-D

(2.) In pursuance of Annexure-F, the petitioner was released from service with effect from 1.11.92. The petitioner herein is a graduate and she joined the school on 15.8.67. At that point of time that was a venture school later on it was taken over by the authority and provincialised with effect from 1.10.77. When the service of the petitioner was provincialised the petitioner could not produce any proof of her age for recording her age in the service book save and except Horoscope and that Horoscope produced by her was accepted by the authority by making entry in the service book and her date of birth was recorded in the service book as 31.3.38 and there is a remark by the Inspector of Schools as follows: "Verified as per Horoscope submitted by Smti Charubala Devi, that is dated 25.11.91." And that was also accepted by another endorsement as follows : "As accepted by the Inspector of Schools at Page 30 of age verification Register."

(3.) Before that a certificate was produced by the petitioner before the authority obtained from the Headmistress of Laban Assamese Girls' High School, Shillong and that certificate is dated 7.7.89 and that certificate reads as follows. :