RITAMBHARI DEVI Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the parties. As the issue involved in each of the two writ petitions are same hence they have been taken up together for hearing and disposal.

(2.) WHEREAS the petitioner in C.W.J.C.No.6977 of 1998 has questioned the determination of the date of her birth by the State Government, the other writ petition bearing C.W.J.C. No. 11135 of 1999 questions the follow up order passed by the Patna University superannuating the petitioner in the light of the date of birth determined by the State Government which is the subject matter of C.W.J.C.No.6977 of 1998.

(3.) AS already indicated above, the petitioner has questioned the order bearing Memo No.266 dated 01.08.1998 issued by the Deputy Secretary, Department of Secondary, Primary and Adult Education communicating the decision of the Department in altering the date of birth of the petitioner from 20.01.1941 to 28.12.1938 and having determined the date of birth as such, the writ petitioner was made to retrospectively superannuate with effect from 31.12.1996. The petitioner by filing C.W.J.C.No.11135 of 1999 has prayed for quashing of the notification dated 24.12.1998 issued under the signature of the Vice Chancellor, Patna University purporting to superannuate the petitioner with effect from 31.12.1998 in the light of the date of birth determined under the order dated 01.08.1998 of the Deputy Secretary, impugned in C.W.J.C.No.6977 of 1998.