ZUBAIDA KHATOON SIDDIQUI v. CHAIRMAN INDIAN OIL CORPORATION NEW DELHI
2007-02-28
RAKESH TIWARI
body2007
DigiLaw.ai
RAKESH TIWARI, J. The petitioner was appointed as Aaya in 1980 on compassionate ground due to death of her husband who died on 13-1-1980 in harness. Before her appointment, she was medically examined by the Medical Superintendent, Women Hospital, Mathura before whom she declared that her age was 30 years. However, at the time of her appointment, date of birth recorded in her service book was 31-2- 1947. 2. Counsel for the petitioner contends that the petitioner being an illiterate lady, her date of birth was wrongly recorded as 31-3-1947 in her service book. Accordingly, she is to retire w. e. f. 31-3-2007 whereas according to her correct date of birth, she should retire w. e. f. 31-3-2010. 3. The petitioner appears to have made representation to Dy. General Manager (H. R.)/director, Refinary Hospital, M. R. Nagar, Mathura for correction in her date of birth in accordance with medical certificate issued by Medical Superintendent, Women Hospital, Mathura. 4. The medical certificate appended as Annexure 1 to the writ petition is a proforma of medical certificate to be obtained from a Government Medical Officer not below the status of Civil Surgeon for the purpose of declaration that the applicant has no desease, communicable or otherwise, constitutional weakness or bodily infirmity which may disqualify him/her for employment in the office of the employer. 5. A perusal of the aforesaid certificate further shows that according to the own statement of the petitioner before the Medical Superintendent, Women Hospital, Mathura, her age was 30 years which was recorded by the Medical Superintendent. 6. This Court in catena of cases has already held that proforma/aforesaid medical certificate is not incorrigible proof of age/date of birth of a candidate for the reasons that it is only a certificate on the basis of general appearance of the candidate for the purpose of prima facie coming to the conclusion that he/she is not disqualified for the job or that he/she is not suffering from any communicable disease or has any constitutional weakness or bodily infirmity which may cause hindrance or hamper of her job which she may be required to perform. 7. Determination of date of birth by medical examination is done by a scientific method known as ossification test of bones.
7. Determination of date of birth by medical examination is done by a scientific method known as ossification test of bones. The date of birth or age so determined by Ossification test of bones is also not very correct as there is margin of error limited to (plus-minus) two years. 8. Under Rule 3, the date of birth of an employee is recorded in the service book as per provisions of U. P. Recruitment to Services Determination of Date of Birth Rules, 1974. Rule 3 of the aforesaid Rules provides : " (3) The date of birth of a Government servant as recorded in the certificate of his having passed the High School or equivalent examination, or where a Government servant has not passed any such examination as aforesaid, the date of birth or the age recorded in his service book at the time of his entry into Government service, shall be deemed to be his correct date of birth or age, as the case may be, for all purposes in relation to his service, including eligibility for promotion, superannuation, premature retirement or retirement benefits and no application or representation shall be entertained for correction of such date or age in any circumstances, whatsover. " 9. On the analogy of Rule 3, since the petitioner has nor passed High School Examination and is an illiterate lady, date of birth recorded in her service book is to be treated as authentic. She has to retire on attaining the age of superannuation w. e. f. 31-3-2007 and her representation for correction of date of birth at the fag end of her service is not maintainable as Honble the Apex Court as well as this Court, in catena of decisions have held that such representations made at the fag end of service are not entertainable unless accompanied by incorrigible proof of date of birth on the basis of documents mentioned in the relevant Rules. 10. In the instant case, no rules have been brought to my notice whereby date of birth of the petitioner can be altered or corrected at the fag end of service. 11. For the reasons stated above, the writ petition fails and is dismissed. No order as to costs. Petition dismissed. .