JUDGMENT :

Heard Mr. Parambir Singh Bajaj, Advocate, Learned Counsel appearing on behalf of the petitioner. Heard the learned counsels appearing on behalf of the Respondents.

2. This writ petition has been filed for the following reliefs:

“A. Quashing of Memo No. VBU/Esstt./1032/12 dated 26.06.2012 issued by the Respondent No. 2 whereby and wherein the Respondent No. 2 under directions of the Respondent No. 1 has been pleased to withhold the salary of the petitioner on the alleged ground of irregularities in the date of birth, reported by the Principal of the concerned college;

B. Quashing of Letter bearing Reference No. KBW/578/12 dated 03.12.2012 issued by the K. B. W. College, Hazaribagh under the seal and Signature of the Principal of the concerned College, whereby the Respondent No. 3 has illegally and arbitrary restrained the petitioner from discharging her duties as Lecturer, Department of Psychology;

C. Consequently commanding upon the Respondents to pay the arrears of salary of the petitioner withheld from the Month of June, 2012 till date and also the current salary of the petitioner and Permit the petitioner to discharge her duties as Lecturer in the Psychology Department, in K. B. Women’s College, Hazaribagh as the petitioner has been stopped from rendering her duties in utter disregard to principles of natural justice and gross violation of her legal and fundamental rights.”

3. I.A. No. 1623 of 2014 seeking amendment was disposed of whereby following prayer has been inserted:

“1(d) Quashing of Order dated 12.02.2014 passed by the Respondent No. 2 and communicated to the petitioner vide Letter bearing Reference No. VBU/P/R/195/2014 dated 12.02.2014, whereby and whereunder, the Respondent No. 2 on the basis of an internal inquiry conducted by a Committee constituted by the Respondent- University, has held that the date of birth entered in the Service Book of the petitioner is on the basis of forged certificate tampered by interpolating the digits “48” to “53” and that the petitioner ought to have retired on 08.01.2010 on the basis of report of the Committee and, therefore, under the direction of the Respondent No. 1 has treated the petitioner as superannuated w.e.f. 31.01.2010;

(e) quashing of Letter bearing Reference No. P/R/196/14 dated 12.02.2014 issued by the Respondent No. 2 asking the petitioner to show cause as to why not the excess amount drawn by the petitioner from 01.02.2010 to 25.06.2012 be recovered on the alleged ground that the petitioner on the basis of fake certificates of date of birth has continued in service from 01.02.2010 to 25.06.2012, which is contrary to the date of birth mentioned in the Admission register of SS.L.N.T. Women’s College, Dhanbad.”

Arguments of the Petitioner

4. Learned counsel for the petitioner has submitted that the petitioner was working in K. B. Women’s College, Hazaribagh and as per service record, her date of birth was recorded as 08.01.1953. She passed the matriculation examination in the year 1964, but the matriculation certificate does not record her date of birth. She was appointed as lecturer on temporary basis in Department of Psychology as back as on 04.09.1981 and was throughout working in the college. On the basis of the aforesaid date of birth, the petitioner was scheduled to retire on 31.01.2015. However, on 03.12.2012, an order was passed restraining the petitioner from discharging her duties and the petitioner was paid salary till the month of June as she had worked till 26.06.2012.

5. An enquiry was started regarding the date of birth of the petitioner. The learned counsel has submitted that the document on the basis of which the date of birth was recorded as 08.01.1953 was issued by the college namely S.S.L.N.T. Mahila Mahavidyalaya and the said document has been filed by the respondents as Annexure- D to the counter-affidavit. He submits that the petitioner had studied in the said college and the date of birth, as per the said document, has been mentioned as 08.0