AB KHALIK MALIK Vs. STATE OF J&K

JUDGEMENT

(1.) THIS is a letters Patent appeal from the judgment and order dated April 21, 1969, of our learned brother, Jalal -ud -Din J., dismissing the appellants petition under section 103 of the Constitution of Jammu and Kashmir for a writ of Certiorari or other appropriate writ quashing Government Order No. 254 -GD of 1969 dated February 3, 1969, whereby his (i.e. the appellants) retirement on superannuation was sanctioned with effect from the forenoon of October 19, 1968.

(2.) THE facts leading to this appeal are: - The appellant joined Jammu and Kashmir State Service as a non -gazetted civil servant on Jeth 4, 1998 (Bikrami) corresponding to May 16, 1941 (A. D.) and continued as such up to Baisakh 18, 2009, when he became a Tehsildar. In course of time he was promoted as Deputy Commissioner and after serving as such at some stations was posted to Anantnag on October 16, 1968. After the financial integration of the State with the Centre, the Accountant General, Jammu and Kashmir, started completing the service records of the officers serving in connection with the affairs of the State. With this object in view he asked the General and Revenue Departments of the State to have the dates of birth of certain officers including the appellant furnished to him. With a view to supplying the requisite information to the Accountant General circular letters calling upon the concerned officers to do the needful were issued by the said departments. In compliance with the instructions contained in these circulars some of the officers communicated their dates of birth to the Accountant General through the Commissioner, Jammu in 1963 (AD). The appellant also appears to have intimated to the Accountant General that his Service Book had already been despatched to his office. On receipt of the information the Accountant General wrote to the Commissioner saying that the dates of birth as reported by the officers could not be accepted in audit unless documentary proof in support thereof was sent to him and requesting that service books and the Matriculation Certificates of the officers be arranged to be sent up to him for verification and acceptance of their dates of birth. The Accountant General further desired that the appellant be directed to quote the reference under which his Service Book had been transmitted to his office to enable him to have the same traced out (See Annexure A -7 to the appellants rejoinder affidavit). Not getting a satisfactory reply the Assistant Accounts Officer in the office of the Accountant General asked the appellant to furnish the Matriculation Certificate in original for recording his date of birth in the records of his office (See Annexure A -8 to the appellants rejoinder affidavit). Meanwhile the appellant made an application to the Revenue Minister of the State requesting him that the date of his birth as recorded in Service Records be changed to 13th October, 1918. On receipt of this application the General Department of the Government vide its No. GD(Kas) 66/67 dated August 22, 1967, asked the appellant to furnish the original Matriculation Certificate or the duplicate copy thereof in case the original was not available. (See Annexure A -6 to the appellants rejoinder affidavit). A similar communication also appears to have been addressed earlier to the appellant by the Financial Commissioner (see annexure A -15 to the appellants rejoinder affidavit). The appellant not having complied with these instructions, the General Department of Government vide its No. GD(KAS) 66/67 dated September 21, 1967 wrote to the appellant saying that the date of his birth as recorded in the Annual Establishment Lists as October 19, 1913, would stand as the actual date unless and until proof for alternate date as per original or duplicate Matriculation Certificate was produced (See Annexure A -11 to the appellants rejoinder affidavit).

(3.) A few weeks after this the Government passed an order bearing No. 785 -D of 1967 dated October 19, 1967 sanctioning inter alia the retirement of the appellant with effect from October 13, 1968 (See annexure B to the petition). On representation by the appellant the Government vide its order No.l527 -D of 1968 dated October 16, 1968 superseded item No. 1 of its order No. 785 -D of 1967 dated October 19, 1967 and sanctioned grant of four months privilege leave subject to verification of title in favour of the appellant with effect from October 19, 1968 (See Annexure F to the Petition). Immediately after the passing of this order the Secretary to Government General Department vide his No. GD (KAS) 66/67 of the even date wrote to the appellant drawing his attention to Government Order No. 1527 -D of 1968 dated October 16, 1968, whereunder four months privilege leave had been sanctioned in his favour with effect from October 19, 1968, and telling him that this had been done to enable him to produce adequate proof to the satisfaction of the Government in support of his claim for acceptance of October 19, 1918, as his correct date of birth. Thereupon the appellant appears to have submitted an attested copy of certificate dated February 27, 1968, from the Controller of Examinations University of the Punjab, Lahore testifying that the appellant had appeared in the Matriculation Examination in 1934 and the date of his birth as per the University records was October 22, 1918 (See Annexure D to the petition). On coming to know that the Government was not inclined to accept this certificate the appellant submitted a duplicate copy of the Certificate from the Board of Intermediate and Secondary Education, Lahore dated October 4, 1968 certifying that the appellant had passed the Secondary School Certificate examination of the Board of Intermediate and Secondary Education Lahore held in March, 1934 and that his date of birth as recorded in the Admission form was October 22, 1918 (See Annexure G to the petition). Not being satisfied with the certificates furnished by the appellant the Government passed an order bearing No. 254 -GD of 1969 dated February 3, 1969, which ran as under: "In supersession of Government Order No. 1527 -D of 1968 dated 16 -10 -1968 sanction is accorded to the retirement on superannuation of Shri M. A. Khaliq, Ex -Deputy Commissioner, Anantnag, with effect from 19 -10 -1968 forenoon. 2. Sanction is also accorded to the grant in his favour of such post retirement privilege leave as may be due to him with effect from 19 -10 -1968 forenoon, treating this leave as refused leave in relaxation of rules. By order of the Government of Jammu and Kashmir. (Sd.) Secretary to Govt. General Department.