Court No. - 16
Case :- WRIT - A No. - 6806 of 2018 Petitioner :- Smt. Asha Lata Tripathi Respondent :- State Of U.P. Thru. Its Secy. Secondary Education And 4 Ors.
Counsel for Petitioner :- Jadu Nandan Yadav,Arimardan Yadav Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
This writ petition has been filed challenging an order passed by the authorities dated 16.5.2017 and 23.1.2017, whereby petitioner has been made to retire w.e.f. 30th June, 2012. The orders impugned have been passed, taking note of the fact that in the High School Certificate of petitioner, her date of birth is mentioned as 28th December, 1951.
Learned counsel for the petitioner submits that in all service records, petitioner's date of birth is mentioned as 28th December, 1958, and therefore, the orders are bad in law. Learned counsel, however, does not dispute that in the applicable service regulations, it is the High School Certificate, which is relevant document for determination of date of birth of the employee.
The fact that petitioner's date of birth in the High School Certificate is 28th December, 1951 is not disputed. In such circumstances, even if a different date of birth is recorded in some of the records, it would not mean that effect of recording of date of birth in the High School Certificate would be wiped out. No error is shown in the decision taken.
Writ petition is, accordingly, dismissed.
Order Date :- 26.2.2018 Anil