SHAKUNTALA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this application, the petitioner, who at the material time, was employed as 'staff nurse' in the Ranchi medical College Hospital, prays for quashing the order of the Superintendent of rmch Ranchi dt. 21. 10. 91 intimating that the petitioner according to the available papers was born on 2. 10. 1934 and hence she shall be deemed to have superannuated from service with effect from 31. 10. 92. She was directed to hand over charge and send information to the Superintendent.

(2.) THIS case relates to dispute with regard to date of birth of the petitioner as records in her Service Book. The petitioner was appointed as Staff Nurse B grade and was posted in the Mental Hospital Kanke on 6. 9. 1958. According to the petitioner her date of birth is 2. 10. 1938 duly recorded in her Service Book at the time of her appointment. In normal course, she would have retired on 2nd October, 1996, but for the impugned order prematurely retiring her from service. This action of the Superintendent has been assailed in this application. The petitioner has annexed photocopy of the Service Book according to which date of birth was recorded to be 2. 10. 1938 by the then Superintendent, Mental Hospital, kanke, Ranchi. In column no. 5 of the Service Book where the date of birth is recorded there appears to be over-writing and correction, but there is also initial of the then Superintendent. In the General Provident Fund Pass Book and other service records, the same date of birth has been recorded which according to the petitioner supports her claim. Photocopy of the G. P. F. Pass book has been filed. There was no dispute of any kind with regard to her date of birth as recorded in the Service Book. In 1969 petitioner was promoted as Nurse grade A. She served in the Mental Hospital till 1975 when she was transferred to rmch. She was promoted as Nursing sister w. e. f. 6. 2. 1979. She was given time bound promotion w. e. f. 6. 9. 1983.

(3.) IT appears that in 1991 she was asked to produce the certificates issued by the school from where she passed as well as Municipal Corporation certificate. In order to make correction in the Service book. Annexure-4 is a letter of the Superintendent asking the petitioner to produce the aforesaid document. There is no explanation why the petitioner after 30 years of her service was asked to produce the documents in support of her date of birth. The petitioner replied by letter dt 30. 8. 91 that she had passed Middle School from Anglo vernacular School, Rajnand Goan Tahsil, rajnand Goan, dist. Durg (MP ). The certificate if any granted to her has been lost. She emphatically stated that there is no dispute regarding her elate of birth as recorded in her Service Book, G. RF. Pass-Book and any other service records on the basis of certificates produced by her at the time of appointment.