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2022 Supreme(HP) 251

JYOTSNA REWAL DUA
Sheela Devi W/o Late Shri Inder Singh – Appellant
Versus
State Of Himachal Pradesh Through Its Principal Secretary (Education) To The Government Of Himachal Pradesh, Shimla – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Sh. C.S. Thakur, Advocate
For the Respondent:Sh. Narender Thakur, Deputy Advocate General

ORDER :

Petitioner was appointed as Part Time Water Carrier Class-IV worker at Government Primary School Bhanog. She joined as such on 19.09.1997. Her services were regularized by the respondents during the year 2012. Upon attaining the age of 58 years, the petitioner superannuated on 28.02.2013. By way of instant petition filed on 24.05.2013, she has raised following two grievances:-

    1(a). In accordance with applicable instructions/rules/notifications, the petitioner should have been continued in service till she attained the age of 60 years. The action of respondents in retiring her at the age of 58 years on 28.02.2013 was illegal. Hence, she is entitled to all consequential benefits and arrears for the period of two years of service denied to her.

1(b). The year of petitioner’s birth was wrongly recorded in her service book as 1955. In fact, as per Panchyat record, the petitioner was born in the year 1956. The date of birth is required to be corrected in her service record.

2. Insofar as the second ground urged by the petitioner is concerned, the same is required to be rejected out rightly. It is not the case of the petitioner that she was unaware about the year of her birth entere

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