Orissa High Court
Sanjukta Behera vs State Of Odisha & Ors on 12 September, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.22334 of 2023
Sanjukta Behera .... Petitioner
Mr. Chittaranjan Pattnaik, Adv.
-versus-
State of Odisha & Ors. .... Opp. Parties
Mr. D. Mund, A.G.A.
CORAM:
DR. JUSTICE S.K. PANIGRAHI
ORDER
Order 12.09.2023
No.
04. 1. This matter is taken up through hybrid
arrangement.
2. Heard learned counsel for the petitioner.
3. The petitioner has filed this writ petition
challenging the order dated 07.07.2023 issued by the
Opposite Party No.3/ C.D.M.O., Dhenkanal rejecting her
representation made for allowing her to continue in her
job as Asha Karmi engaged in village Kaluria under the
Medical Officer C.H.C. Sri Ram Chadrapur, Brapada
Under the Gondia Block, District-Dhenkanal.
4. The fact of the case is that pursuant to the decision
taken by the Selection Committee, the petitioner was
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selected as an Ashakarmi in the year 2005 and posted at
Kaluria under the Medical Officer, C.H.C., Sriram
Chandrapur, Gondia Block, District- Dhenkanal and
performed her duties sincerely and diligently to the
satisfaction of all concerned.
5. The petitioner while continuing in her duty, the
Supervisor of Asha Workers of C.H.C.,
Sriramchandrapur, Barapada called her to the office to
attain the meeting. On her call, the Petitioner went there
and on her instruction, she put a signature on the
resolution book. Thereafter, the Petitioner was informed
about her retirement from service with effect from
04.05.2023.
6. The petitioner having heard about her retirement
objected the same because as per the guidelines and
school certificate, she has not yet attained her retirement
age. Since the retirement age of Asha Karmies are fixed to
62 years of age, she has to continue another two years in
that post as per her age as revealed from her school
leaving certificate. As per her school certificate, her date
of birth is 05.01.1963 and for that she has to continue till
6.5.2025. But, based on a wrong entry of date birth in her
Aadhar card, she has been deprived from her service.
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7. In spite of her objection, as no step was taken, the
Petitioner made a representation before the Opposite
Party No.2/ Collector, Dhenkanal on 24.05.2023
ventilating her grievance with regard to her retirement
from service as Asha Karmi. Copies of the same was also
sent to the Sub-Collector, Dhenkanal, the C.D.M.O,
Dhenkanal and the B.D.O., Gondia for their information
and necessary action. But, no action has been taken on the
same by any authority.
8. Since her original school certificates have been
submitted before the C.D.M.O., Dhenkanal at the time of
her engagement, she could submit the same before the
authority. Therefore, the Petitioner requested to give her
some time to submit it before them for their perusal and
necessary action. But, her prayer was turned down.
Thereafter, in order to show her bonafide, the Petitioner
applied the same under RTI Act before the C.D.M.O.,
Dhenkanal for return of her original school leaving
certificate and birth certificate. But, the same was not
returned to her. Thereafter, in order to satisfy the
authority in respect of her date of birth, the Petitioner
obtained a duplicate school leaving certificate from the
Head Master, Joronda Nodal U.P School, Mahimagadi,
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Dhenkanal, showing her date of birth as 05.01.1963 vide
SI No.43/10.7.1971 of school admission register and
submitted before the Collector Dhenkanal and other
authorities for their information and necessary order. But
no response was received from them.
9. As no action was taken despite her all endeavors, the
petitioner was compelled to file W.P.(C) No.18307 of 2023
before this Court. This Court vide order dated 08.06.2023
disposed of the said Writ Petition directing the Opposite
Party No.2/ Collector, Dhenkanal to take a decision on
the above noted petition in accordance with law within a
period of four weeks from the date of receipt of certified
copy of that order and communicate the result of such
exercise to the petitioner.
10. After disposal of that case, the petitioner submitted an
application before the Opposite Party No.2/ Collector,
Dhenkanal along with her birth certificate and duplicate
school leaving certificate for perusal and necessary order
with regard to her continuity in service till her retirement
up to 62 years of age. When the application of the
Petitioner was pending before the Opposite Party No.2/
Collector, Dhenkanal for consideration, the C.D.M.O.,
Dhenkanal based on a wrong entry of her date birth in
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Aadhar card as 22.07.1960 instead of 05.01.1963 vide his
office letter No.2243 dated 07.072023 rejected her prayer,
on the ground that as in her Aadhar card her date of birth
was recorded as 22.07.1960. Hence, this Writ Petition.
11. Learned counsel for the Petitioner submits that
pursuant to the order of the Authority, the petitioner had
submitted her original birth certificate and school leaving
certificate in the office of the C.D.M.O., Dhenkanal. But
the office remained silent over the same. Therefore, the
Petitioner had approached and received a duplicate copy
of her school leaving certificate from the Headmaster of
the school and produced before the authority for
verification. But, her prayer was rejected by the
C.D.M.O., Dhenkanal. He further submits that school
leaving certificate is the conclusive proof of age of an
employee. But, in the instant case, the same has been
turned down. Therefore, he argues that the order dated
07.07.2023 issued by the Opposite Party No.3/ C.D.M.O.,
Dhenkanal is liable to be quashed.
12. Learned counsel for the State submits that in the
personal details and documents submitted by the
Petitioner at the time of entry in the service she herself
mentioned her date of birth as 22.07.1960. She also
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submitted a signed copy of Aadhar card which had been
uploaded in the ASHA database. Based on the said data,
the Opposite Party No.3/ C.D.M.O., Dhenkanal has
passed the impugned order.
13. As it appears from the personal details of the
petitioner wherein the petitioner herself has entered her
date of birth as 22.07.1960. The same is also reflected in
the Aadhar Card of the present petitioner. In such view of
the matter, the petitioner's request for extension of her
job cannot be considered. Further, the petitioner has
approached this Court at the fag end of her career after
serving such a long time. She did not realilse that her
date of birth has been wrongly entered. Hence, this
petition cannot be considered.
14. The petitioner also brought to the notice of this
Court to the duplicate copy of the School Leaving
Certificate wherein the date of birth of the present
petitioner has been mentioned as 05.01.1963. But, the
date of birth in her application form entered by the
present petitioner was 22.07.1960. Further, the alleged
mistake committed in the documents of the petitioner
cannot be rectified at the fag end of the career. The same
principle and direction was held by the apex Court in
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Life Insurance Corporation of India v. R. Basavaraju1.
The relevant paragraph of the said judgment is extracted
below:
"The law with regard to correction of date
of birth has been time and again discussed by
this Court and held that once the date of birth
is entered in the service record, as per the
educational certificates and accepted by the
employee, the same cannot be changed. Not
only that, this Court has also held that a claim
for change in date of birth cannot be
entertained at the fag end of retirement."
15. Considering the above facts and circumstances
and having regard to the present position of law, this
Writ Petition is dismissed.
(Dr. S.K. Panigrahi)
Judge
Sumitra
Signature Not Verified
Digitally Signed
Signed by: SUMITRA NAYAK
(2016) 15 SCC 781
Designation: Jr. Stenographer
Reason: Authentication
Location: Orissa High Court, Cuttack
Date: 16-Sep-2023 14:51:29
