Smt. Vijay Shree vs The State Of Madhya Pradesh
2022 Latest Caselaw 4521 MP

                                     1
              IN THE HIGH COURT OF MADHYA PRADESH
                           AT GWALIOR
                                  BEFORE
                      HON'BLE SHRI JUSTICE ROHIT ARYA
                                     &
                     HON'BLE SMT. JUSTICE SUNITA YADAV
                           ON THE 30th OF MARCH, 2022

                        WRIT APPEAL No. 649 of 2021

         Between:-
         SMT. VIJAY SHREE W/O LATE SHRI PHOOLCHAND
         RAIKWAR , AGED ABOUT 52 YEARS, OCCUPATION:
         AS PER MARKSHEET SERVICE NEAR VIJAY
         MANDIR VIDISHA (MADHYA PRADESH)

                                                                    .....APPELLANT
         (BY SHRI D.P. SINGH, ADVOCATE)

         AND

1.       THE STATE OF MADHYA PRADESH PRINCIPAL
         SECRETARY MANTRALALYA VALLABH BHAWAN
         BHOPAL DISTT. (MADHYA PRADESH)

2.       THE CHIEF MEDICAL AND HEALTH OFFICER
         VIDISHA VIDISHA (MADHYA PRADESH)

3.       THE CIVIL SURGEON CUM SUPERINTENDENT
         DISTT HOSPITAL VIDISHA VIDISHA (MADHYA
         PRADESH)

4.       THE DISTRICT PENSION OFFICER                VIDISHA
         VIDISHA (MADHYA PRADESH)

                                                                 .....RESPONDENTS
         (BY SHRI DEEPAK KHOT, GOVT. ADVOCATE FOR THE STATE)


                                      ORDER

This intra-court appeal under Section 2(1) of Madhya Pradesh Uchcha Nayayalay (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005, is directed against the order dated 01/07/2021 in W.P.No.10917/2021.

The petitioner was initially appointed as Maid-servant in the year 1994. Her date of birth as per the service record was recorded as 01/10/1959. Based whereupon, she reached the superannuation on 30/09/2021. Accordingly, a notice of retirement was issued to the petitioner on 23/12/2020. At this stage, the petitioner sought correction of the date of birth recorded in the service record. The prayer was rejected by the authorities on 22/04/2021.

Being aggrieved thereby, the petitioner appears to have preferred the writ

petition (supra). The learned Single Judge with the aid and help of the judgment of Supreme Court has concluded that at this distance of time since 1994 till the date of application much water has flown under the bridge and no interference was warranted in the matter of correction of date of birth and consequently, dismissed

the writ petition.

Learned counsel for the petitioner though made a well attempt taking exception to the impugned order but we are not inclined to accede to the same. There is no illegality warranting interference in the instant intra-court appeal.

Consequently, present appeal being sans merit is hereby dismissed.

  (ROHIT ARYA)                                                      (SUNITA YADAV)
     JUDGE                                                              JUDGE
Monika
          MONIKA
          SHARMA
          2022.04.01
          15:09:35
          +05'30'