Shushma Devi vs Union Of India & Ors.

This is a DB case. DB is not convened today.

M.A. No. 407/2021, for taking on record the supplementary affidavit of the applicant is allowed and the affidavit is taken on record.

Heard both learned counsels for the applicant as well as for the respondents.

At the outset, Shri Praveen Kumar, learned counsel for the applicant, submitted that the applicant was appointed to the post of Waiting Room Baira on 29.11.2005 on compassionate grounds following upon the death of her husband, the late Shri Ram Khelwan, who was working on the post of Porter with the respondents. Subsequently, she found that her date of birth had been wrongly indicated in the official record as being 15.02.1962 where 01.07.1977 is her corrected date of birth. Learned counsel for the applicant submitted that the applicant thereafter submitted an affidavit executed on 04.04.2009, which is on record available with the respondents, wherein she brought on record a certificate furnished by the Chief Medical Officer of Faizabad district in which her age has been assessed to be around 33 years in the year 2009. Learned counsel for the applicant also submitted that the applicant subsequently submitted a representation on 03.06.2010, (Annexure-A2), and again on 29.12.2020, (Annexure- A4), in this regard. In the latter representation, the applicant stated that she is ready to pay for and face any kind of medical examination which the respondents may choose to conduct so as to establish her correct age/date of birth. Learned counsel of the applicant, Shri Kumar, prayed that in the circumstances, he would be satisfied if a direction is given to the respondents to consider the representation of the applicant dated 29.12.2020, (Annexure-A4), and, after requisite medical examination as submitted, decide the same within a reasonable timeframe. Shri Kumar, also requested that while the medical board to be constituted by the respondents may consist of senior doctors appointed at their discretion, it should also include the Chief Medical Officer, Faizabad district, as a member as it is that authority which has earlier examined the applicant and found her age to be around 33 years in the year 2009.

At this, Ms. Prayagmati Gupta, learned counsel for the respondents, submitted that in case the representation dated 29.12.2020, (Annexure-A4), given by the applicant is to be decided in the manner suggested, a period of at least two months would be required for this.

Looking to the limited nature of plea made by the learned counsel for the applicant and without entering into the merits of the case, I, therefore, deem it appropriate, in the circumstances detailed, to direct the respondents to consider and dispose of the representation dated 29.12.2020, (Annexure-A4), preferred by the applicant after examination of the applicant by a medical board constituted by them including the Chief Medical Officer, Faizabad district UP as a member, by way of a reasoned and speaking order in accordance with law. The whole exercise shall be carried out and the decision of the respondents shall be conveyed to the applicant within a period of two months of receipt of a certified copy of this order.

Original Application is disposed of accordingly.

There will be no order on costs.