RAJ DULARI Vs. STATE

JUDGEMENT

(1.) DISPUTE in this writ petition relates to the date of birth of the Petitioner's deceased husband recorded at the time of entry into service. It is contended that date of birth of Petitioner's husband as recorded in the service book was 15.07.1938 and he was due to retire from service 15.07.1996 but vide order dated 12.10.1992, he was superannuated on 31.08.1993. Against this order, Petitioner filed a representation before the Respondents wherein it is pleaded that his date of birth as recorded in his service book and matriculation certificate is 15.07.1938 and he has wrongly been superannuated. After receipt of the representation by the Respondents, husband of the Petitioner was asked to furnish his original matriculation certificate and service book for verifying the date of birth, which were submitted to the Respondents.

(2.) A complaint came to be filed by the Respondents with the Police Station, Crime Branch, Srinagar against the Petitioner's husband in which it was alleged that he has forged his date of birth i.e. matriculation certificate and has tampered the same in the service book and has shown it as 31.08.1938 instead of 15.07.1935. Report under Section 173 Code of Criminal Procedure was filed before the Judicial Magistrate Judge Small Cases Court, Srinagar. The trial court after hearing the parties and perusing the record dismissed the case of the prosecution as no witness was produced by it to substantiate its case of alleged forgery of tampering of date of birth by the Petitioner. The accused was acquitted of the charges vide judgment dated 29.11:2003. It is pertinent to mention herein that impugned order in the writ petition was questioned in this Court in which interim direction was issued as a result of which, the Petitioner continued to remain in service till 1996. The said writ petition is stated to have been dismissed vide order dated 06.04.2006. Against this order, LPA was preferred and Hon'ble Division Bench while allowing the writ petition set aside the order of learned Single Judge and directed that the writ petition shall stand revived to be considered and disposed of afresh by the writ court. It is also mentioned in the order that acquittal in criminal case of the Petitioner's husband shall also be taken into consideration while deciding the writ petition.

(3.) IT seems that after issuance of certificate showing date of birth as 30.08.1938 Superintendent Engineer, Electric Planning and Designing Circle, Srinagar sought verification of date of birth from the Deputy Secretary Verification, State Board of School Education. A communication is stated to have been issued by the Deputy Secretary Verification (KD) indicating the date of birth of the Petitioner's husband as 15.07.1938 and the Petitioner, also produced matriculation examination certificate issued by the Kashmir University for the Sessions 1952 (First September) indicating the date of birth of the Petitioner's husband as 15.07.1938.