S. RAVINDRA BHAT, J.

( 1 ) ISSUE Rule. Mr. Kanwar waives notice of the Rule.

( 2 ) WITH consent of parties, the writ petition is heard for disposal.

( 3 ) THE writ petitioners in these proceedings, claim directions to the respondent to quash an order dated 5/1/2004 and also to pay arrears of salary for the period October 2003 onwards.

( 4 ) THE uncontroverted facts of this case are that the petitioner joined the MCD as a temporary school attendent in 1974. She was appointed as permanent employee of the corporation on 6/1/1983. Prior to her absorption the petitioner was asked to submit an affidavit in respect of her date of birth on 6. 12. 1982. The affidavit averred the correct date of birth as 22. 10. 1945.

( 5 ) IT is claimed by petitioner that her elder son raised civil disputes and tried to grab some property which led to litigation. The elder son namely Om Prakash as well as the petitioner filed civil suits. The petitioner claimed that as a retaliatory step, sometime in 2001, Sh. Om prakash alleged that the petitioner had made a false declaration about her date of birth. This led MCD to issue an order requiring the petitioner s physical examination for determination of her age

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