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High Court of Punjab and HaryanaCWP/6044/2022dismissed

Sudama Devi v. State Of Haryana And Others

2022-04-05Mr. Justice Arun Monga2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No.6044 of 2022 DATE OF DECISION : 05.04.2022 Sudama Devi

...Petitioner

versus State of Haryana and others

...Respondents

CORAM : HON'BLE MR. JUSTICE ARUN MONGA Present :

Mr. Bhim Singh, Advocate, for the petitioner.

Mr. Sharan Sethi, Addl. AG, Haryana.

ARUN MONGA, J. (ORAL) The petitioner has approached this Court seeking issuance of a writ in the nature of mandamus directing the respondents to make necessary correction/rectification of her date of birth in service record. Further prayer has been made for setting aside letter No. 28824 (Annexure P-7) issued by respondent No.5.

2.

Learned counsel for the petitioner submits that her actual date of birth is 01.01.1967 whereas the respondent No.5-department has inadvertently mentioned her date of birth in her service record as 10.08.1962. He submits that vide letter No.28824 (Annexure P-7), the respondent No.5 has put the name of petitioner in the list of employees who are going to be superannuated on 31.08.2022. In these circumstances, petitioner also served legal notice dated 31.01.2022 (Annexure P-8) but SHALINI BHATIA 2022.04.13 01:26 I attest to the accuracy and authenticity of this document

request of the petitioner was rejected by the respondent No.5. Hence, the petition.

3.

I have heard learned counsel for the petitioner and have gone through the case file carefully.

4.

The case of petitioner seems to be hopelessly time barred. In any case, since the disputed questions of fact and law are involved, as is borne out from the ex facie reading thereof cannot be decided in extraordinary writ jurisdiction of this Court. 5.

In the premise, the instant writ petition stands dismissed with liberty to seek recourse to the alternative civil remedy, if so advised. APRIL 05, 2022 (ARUN MONGA) Shalini JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No SHALINI BHATIA 2022.04.13 01:26 I attest to the accuracy and authenticity of this document