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2007 Supreme(Del) 1813

KAILASH GAMBHIR
KHAZANI DEVI – Appellant
Versus
COMMISSIONER, MUNICIPAL CORPORATION OF DELHI – Respondent


Advocates appeared:
For the Petitioner:Mr. N.L. Bareja, Advocate.
For the Respondents:Ms. Samita Slza//kar, Advocate.

JUDGMENT

Kailash Gambhir, J.-By way of this writ petition the petitioner widow of late Shri Sardar Singh has approached this Court seeking quashing/setting aside of the order dated 9.11.1999, whereby husband of the petitioner was prematurely retired from his service before completing the age of superannuation. The petitioner also seeks quashing of office order dated 15th July, 2002 whereby decision was taken to pay GPF and leave encashment, considering the date of retirement of the deceased as 31.8.1984 and to recover the excess payment made to the deceased.

2. The brief facts relevant for deciding the present case, inter alia, are that the husband of the petitioner was working on the post of Chowkidar on regular basis w.ef. 5.9.1974. Prior to conferment of regular status, the petitioner was asked to produce his age proof. The deceased was not in possession of his school leaving certificate or birth certificate. The deceased had submitted an affidavit in support of his age proof. In the absence of any such certificate the deceased was examined by the Medical Board so as to assess his age and as per the assessment of the Medical Board, the age of the deceased was considered at that t



























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