Judgement

G. K. MISRA, C. J. :- The petitioner was the Assistant Director of Health Services (Maternity and Child Welfare), Government of Orissa. Her date of birth is 10th April, 1910. She completed her 55th year on 10th of April, 1965 and 58th year on 10th April, 1968. The State Government asked her to show cause why her date of birth should not be accepted as 4th April, 1907. After some correspondence, Government by their letter dated 27th of June, 1963 determined her date of birth as 16th April, 1907 and declared that she should be deemed to have retired on 16th April, 1962 subject, however, to extension of service granted from 16th April, 1962 till afternoon of July 15, 1963. Thus the petitioner was deemed to have retired on 15th July, 1963 though she should have retired on 10th April, 1968. Against the order of the Government retiring her prematurely, the petitioner filed O. J. C. No. 254 of 1963 in the High Court.

The order was quashed by the judgment reported in AIR 1965 Orissa 81 (Dr. Miss Binapani Dei v. State of Orissa). The appeal filed by the State of Orissa against the judgment of the High Court was dismissed (AIR 1967 SC 1269 State of Orissa v. Dr. (Miss) Binapani Dei).