JUDGMENT :

VIVEK SINGH THAKUR, J.

1. By filing Original Application No. 1106 of 2015 on 23.5.2015, petitioner approached erstwhile H.P. State Administrative Tribunal against her notified retirement on 29.5.2015, on the ground that she was being retired on the basis of wrongly recorded date of birth in her service record as 21.5.1957, whereas her actual date of birth was 19.1.1962 as per birth certificate issued by competent authority under Section 12/17 of Registration of Births and Deaths Act, 1968 and Rule 8 of the H.P. Registration of Births and Deaths Rules, 2003 and certificate issued by the Gram Panchayat is in consonance with record of concerned Gram Panchayat which has also been reflected in School Leaving Certificate of petitioner.

2. Petitioner claimed that respondents, despite making written request for correction of date of birth in her service record, refused to entertain the request and returned the same unattended without following prescribed procedure under law and resultantly she was constrained to send the application alongwith encloser to respondent No. 3, District Ayurveda Officer, Shimla through Speed Post on 20.5.2015.

3. It is case of the petitioner that she was