SMT. GURCHARAN KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner claims that she was born on 8.11.1995 B.K. On conversion to the Christian calendar, the date of birth would be 19.2.1939 A.D. The respondent-State by an error of calculation had recorded the date of birth as 18.5.1933 A.D. On the petitioner's representation, the correction was made. However, date of birth has again been wrongly changed on 18.5.1933 and the petitioner is sought to be retired on that basis. Her representation having been rejected, she has approached this Court through the present petition.

(2.) Facts as are relevant for the decision of the controversy may be noticed. The petitioner passed her Middle Examination from Govt. High School, Tibba, District Kapurthala in the year 1953. According to the school-leaving-certificate issued on April 24, 1956 her date of birth was recorded in the school register as Eighth Phagan, nineteen hundred and ninety-five (8.11.1995) B.K. She joined the service in the erstwhile State of Pepsu in the year 1954 after she had passed the Middle class examination. She avers that according to the rules prevalent in the erstwhile State of Pepsu, the rule regarding the minimum age for entry into Govt. service was not applicable in the case of female teachers. However, information regarding such cases had to be furnished to the Govt. in the Education Department. It is the claim of the petitioner that she was appointed as a Teacher when she was well below the age of 18 years. A copy of the certificate regarding her date of birth in the Govt. High School, Tibba is at Annexure P-1 to the petition. While in service she qualified the Junior Teachers Training Certificate Course. In the certificate issued by the Director of Public Instructions, Punjab on July 19, 1956, her date of birth has been recorded as May 18, 1933. While in service she passed here Matriculation examination in the year 1968. In the certificate issued by the Panjab University, Chandigarh on May 21, 1968 (Annexure P-4) her date of birth has been recorded as 19.2.1939. The petitioner claims that while applying for the Matriculation examination, the petitioner had given her date of birth as 8.11.1995 B.K. which was converted by the then Head Master of the School at Tibba to February 19, 1939 A.D. She claims to have made a representation dated February 12, 1968 and even in her service book, the date of birth was changed from May 18, 1933 to February 19, 1939. A photostat copy of the relevant portion of the service book has been appended with the petition as Annexure P-6.

(3.) The petitioner avers that in the year 1989 the Block Education Officer, Kapurthala sent a report regarding the General Provident Fund of the petitioner. In this report, her date of birth was shown to be May 18, 1933 and her date of retirement as May 31, 1991. On enquiry, she learnt that the date of birth which has been corrected earlier had been again changed to May 18, 1933. She claims to have made a representation, a copy of which has been appended as Annexure P-7. This representation was said to have been recommended by the District Education Officer vide Annexure P-8. However, the Director of Public Instructions (Schools) rejected her representation vide his order of June 18, 1990. Copy of the order has been produced as Annexure P-9. She submitted a representation to the Govt. on July 20, 1990 (Annexure P-10) followed by a notice through her counsel on March 16, 1991 (Annexure P-11). Having failed to get the requisite relief, she has approached this Court through the present writ petition. Her claim, in a nutshell, is that the department had originally made a mistake while converting her date of birth from Bikrami Samvat calendar to Gregorian Calendar which was rectified on her representation in the year 1968. However, this correction has been undone subsequently without any notice to the petitioner.