CWP No.13811 of 2009.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.13811 of 2009 Date of Decision: 23.02.2010 **** Piaro Devi . . . . Petitioner VS. State of Punjab and others . . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. R.K. Dadwal, Advocate for the petitioner Mr. B.S. Chahal, DAG Punjab ***** SURYA KANT J. (ORAL) (1). The petitioner was employed as a Peon on compassionate grounds as unfortunately her husband who was also serving as Peon, died in harness. (2). The petitioner is an illiterate woman who, at the time of her employment gave an affidavit that her date of birth was 6th September, 1949. She was, accordingly, appointed as Class IV employee. However, at the time of preparation of her Service Book she gave another affidavit to the authorities that her date of birth was 3rd September, 1955. (3). The respondents have now retired her on the basis of her earlier affidavit according to which her date of birth is ‘05.09.1949’. CWP No.13811 of 2009.doc - 2 – (4). Aggrieved, the petitioner has approached this Court. (5). On a query by this Court, the learned counsel for the petitioner states that the date of birth of the husband of the petitioner was 01.01.1943. In these circumstances, it appears to be too difficult to accept outrightly that the correct date of birth of the petitioner is 03.09.1955. At the same time, keeping in view the fact that the petitioner is an illiterate woman and belongs to the poor strata of the society, I am of the considered view that the respondents need to hold a fact-finding enquiry to ascertain the correct age of the petitioner. The petitioner can produce the date of birth certificate and/or other relevant materials sought to be relied upon by her in these proceedings, before the respondents to enable them to determine her at least estimated date of birth/year. (6). The writ petition is, accordingly, disposed of with a direction that the petitioner shall submit a representation along with all the relevant documents/materials and on receipt thereof, the respondents shall hold a fact-finding enquiry to ascertain the petitioner’s correct date of birth or at least year within a period of three months from the date of receipt of a certified copy of this order. The follow- CWP No.13811 of 2009.doc - 3 – up action will depend upon the outcome of the said enquiry. (7). Ordered accordingly. (8). Dasti . (SURYA KANT) JUDGE 23.02.2010 vishal shonkar