Rajasthan High Court
Gita Kanwar W/O Late Shri Nathu Singh vs State Of Rajasthan (2024:Rj-Jp:44254) on 22 October, 2024
Author: Mahendar Kumar Goyal
Bench: Mahendar Kumar Goyal
[2024:RJ-JP:44254]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 16434/2024
Gita Kanwar W/o Late Shri Nathu Singh, Aged About 87 Years,
R/o Darogo Ka Mohalla, Manpura Macheri, Jaipur.
----Petitioner
Versus
1. State Of Rajasthan, Through His Secretary, Department
Of Home, Secretariat, Jaipur.
2. Director, Directorate Of Pension And Pensioners Welfare
Department, Government Of India, Pension Bhawan, Jyoti
Nagar, Jaipur.
----Respondents
For Petitioner(s) : Mr. Rameshwar Prasad Sharma
For Respondent(s) :
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Judgment / Order
22/10/2024
This writ petition has been filed by the petitioner seeking a
direction to the respondents to rectify her age in the pension
record and to extend her pension benefits treating her to be above
80 years of age.
The relevant facts in brief are that Shri Nathu Singh-late
husband of the petitioner was appointed as Head Constable with
the respondents in the year 1953 and was retired on 30.11.1992
on attaining the age of superannuation. After death of her
husband on 28.10.2009, the petitioner is receiving family pension.
It is stated in the writ petition that the petitioner came to know
about the benefit given by the Government to the pensioners of
the age of 80 years and above and when she contacted the
Department to avail the benefit, it transpired that the Department
has recorded her date of birth as 30.11.1957 whereas, her actual
date of birth is 01.01.1937. It is alleged that despite repeated
requests to change her date of birth, the same has not been done.
[2024:RJ-JP:44254] (2 of 3) [CW-16434/2024]
It is, therefore, prayed that the writ petition be allowed in terms
as aforesaid.
Learned counsel for the petitioner, inviting attention of this
Court towards, copies of her Aadhar Card, Pan Card and Identity
Card issued by the Election Commission of India, would submit
that her date of birth, therein, is 01.01.1937 and therefore, the
respondents be directed to record the same in service record of
her late husband and she be extended benefit of family pension
accordingly. He, therefore, prays that the writ petition be allowed
and the respondents be directed to record her correct date of birth
in the service record.
Heard. Considered.
The petitioner has not disclosed in the memo of the writ
petition as to how and why her late husband has recorded her
date of birth in the service record as 30.11.1957 if her actual date
of birth is 01.01.1937. Indisputably, neither the Aadhar Card nor,
the Pan Card nor, the Identity Card issued by the Election
Commission of India can be said to be authentic and authoritative
proof of date of birth. The petitioner has neither disclosed the
basis whereof 01.01.1937 is recorded as her correct date of birth
in the documents referred to hereinabove nor, she has placed on
record any material of impeccable evidentiary value to
substantiate her claim with regard to 01.01.1937 being the correct
date of birth. It is trite law that under Article 226 of the
Constitution of India, this Court is not bestowed with the
jurisdiction to make a roving inquiry as to correct date of birth of
the petitioner.
[2024:RJ-JP:44254] (3 of 3) [CW-16434/2024]
In view thereof, this civil writ petition is devoid of merit and
is dismissed accordingly. Pending application(s), if any, also stands
disposed of.
(MAHENDAR KUMAR GOYAL),J
Manish/35
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