FAROOQ AHMAD Vs. STATE OF J AND K

JUDGEMENT

(1.) Petitioner was appointed as Deputy Superintendent of Police, (DYSP) vide Government Order No. 2233-GAD of 1977 dated 15th December, 1977 in the J&K Police (Gazetted) Services. The date of birth of the Petitioner was recorded in the service record by the State Government as 5th February, 1949, as same was reflected in the matriculation certificate. The Petitioner was appointed by way of promotion to Indian Police Service vide MHA, GOI Notification No. 14011/17/Police Service (IPS) dated 4th September, 1995. In the said notification, date of birth of the Petitioner was reflected as 5th February, 1949. As per the pleadings, Petitioner had made an application in the year 1981 and as per submissions in 1995 as well for change of his date of birth. The State Government accepted the claim of the Petitioner for change of his date of birth and vide Order No. Home-304 (P) of 1998 dated 13th August, 1998 ordered for change of date of birth of the Petitioner from 5th February, 1949 to 25th November, 1951. Petitioner continued in service of the Respondents until 18th February, 2011, when Government issued Government Order No. Home-143 (P) of 2011 dated 18th February, 2011, wherein and whereunder the order dated 13th August, 1998 was rescinded ab-initio and the Petitioner was ordered to be deemed to have been retired on superannuation w.e.f. 28th February, 2009 (A.M). It is this order which is called in question in this writ petition. The Court of coordinate jurisdiction on 23-02-2011 after considering the issues raised in this petition passed the following order:

(2.) The order impugned in this petition is reproduced as under:

(3.) Heard learned Counsel for the parties. Considered the matter.