Smt. Saroj Devi vs Chief Executive Officer, Cantonment Board and Others

The present special appeal has been filed against the judgment and order dated 25th May, 2010 passed by the learned Single Judge whereby the writ petition preferred by the Appellant seeking correction in her date of birth as recorded in the Service Book has been dismissed.

We have heard Mrs. Swati Agrawal, learned Counsel for the Appellant and Sri Prashant Mathur learned Counsel appearing for the Respondents and have perused the impugned order dated 25th May, 2010 passed by the learned Single Judge giving rise to the present appeal, the grounds taken in the memo of appeal and the documents filed along with it.

The Appellant joined as sweeper in the Cantonment Board, Allahabad on 5th December, 1979. In the Service Book prepared at the time of joining of service her year of birth was mentioned as 1950 both in words and figures. The Service Book contains the signature of the Appellant also . According to the Appellant her year of birth is 1958 as per School Leaving Certificate and, therefore, she had made an application in the year 1995 for correction in her year of birth in the Service Book. After a gap of 10 years another application dated 10th February,2006 seeking correction was filed. In the application dated 10th February, 2006no mention whatsoever was made of the earlier application having been filed in the year 1995. The learned Single Judge on the basis of the material on record came to the conclusion that when the Appellant is going to retire she had sought correction of year of birth which cannot be permitted. Feeling aggrieved the present appeal has been filed.

Mrs. Swati Agrawal, learned Counsel for the Appellant submitted that according to her School Leaving Certificate, the Appellant''s year of birth is 1958 and that being the position the wrong entry made in the service record being the year of her birth as 1950 ought to have been corrected for which a representation was made by her in 1995 and thereafter in the year 2006 and the learned Single Judge erred in holding otherwise.

Vide order dated 15th March, 2011 Sri Prashant Mathur, learned Counsel appearing for the Cantonment Board was directed to produce the Service Book of the Appellant. The Service Book of the Appellant has been produced today before the Court. The Court has perused the Service Book and finds that the Appellant was given appointment on the basis of the letter sent by the Employment Exchange in which the year of birth of the Appellant has been mentioned as 1950. In the Service Book of the Appellant year of birth has been mentioned as 1950, both in words and figures which also bears the signature of the Appellant. Thus, it is crystal clear that Appellant has given her year of birth as 1950. Nothing prevented the Appellant from filing School Leaving Certificate at the time of appointment that her year of birth is 1958 and not 1950. Making application at the belated stage when the Appellant is going to retire shortly has rightly not been entertained.

We do not find any illegality in the impugned judgment and order passed by the learned Single Judge. The appeal fails and is dismissed.