ARIJIT PASAYAT, DORAISWAMY RAJU
State of U. P. – Appellant
Versus
Gulaichi – Respondent
Pasayat, J. -- Leave granted.
Request for correcting the date of birth recorded, made a few days before the date of superannuation as per original records, having been accepted by the first appellate Court and confirmed by the impugned judgment of the High Court, this appeal has been filed by the State of U.P. and Chief Medical Officers, Azamgarh and Mau.
The respondent joined service under the State on 6.7.1959. In the service-book her date of birth was recorded to be 31.7.1929. Consequently, she was to retire on 31.7.1987. About three weeks before the date of retirement i.e. on 7.7.1987 she approached the acting Chief Medical Officer, Azamgarh claiming her date of birth to be 31.7.1939. The official concerned made the correction in her service-book. On that basis, she claimed that she was not to retire on 31.7.1987. A suit was filed by the respondent-plaintiff for a declaration that her date of birth is 31.7.1939, but by mistake of an officer/employee of the Department, it was wrongly recorded as 31.7.1929. The suit was essentially for a declaration that her date of birth to be 31.7.1939; on consideration of the materials brought on record. The stand was resi
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