GH NABI BHAT Vs. STATE

JUDGEMENT

(1.) PETITIONER seeks writ of Certiorari to quash Govt. Order No. 827 -GAD of 1998 dated 02 -07 -1998, tentative seniority list issued vide communication No. GAD/SER/8/96 -Gen. Pvt. Dated 09 -10 -1998, final seniority list issued vide Govt. Order No. 1577 -GAD of 1998 dated 08 -12 -1998, notification bearing No. GAD(Ser)5/96 -Genl/PS/HOD dated 24 -04 -2000 and also communication bearing No. GAD (Ser)8 -95/GS dated 25 -07 -2000. he also seeks a writ of Mandamus to treat the birth of the petitioner as 13 -04 -1948 as shown in the University certificate and pursuant thereto recorded in the Service Book and the seniority list prepared by the respondents. He further seeks direction to respondents not to superannuate the petitioner taking into account his date of birth as 13 -4 -1943 and not to act on the notification No. GAD(SER)5/96 -Genl/PS/HOD dated 24 -04 -2000, whereby the petitioner has been retired with effect from 30 -04 -2001/

(2.) PETITIONER is an employee of the respondents - - State. It is averred in the petition that while working as Private Secretary on 16 -07 -1983 in the office of Principal Chief Conservator of Forests Jammu, he had an occasion to go through his Service Book and not iced that one Mr.G.,M.Bhat who was holding the post of Joint Director, Horticulture Department, has allegedly altered the recorded date of birth in the Service book from 13 -04 -1948 to 13 -04 -1943 on the basis of some medical examination. Initially the date of birth was recorded on the basis of the Higher Secondary School Certificate issued by the University of Srinagar. The petitioners claim is that it has been altered at his back without hearing him. Petitioner made a representation to the respondents which has been decided vide Govt. Order No. 827 -GAD of 1998 dated 12 -07 -1998 confirming the date of birth of the petitioner as 13 -04 -1943. Petitioner, thereafter, made many representations. The respondents vide communication dated 25 -07 -2000, Annexure S, annexed with the petition have informed the petitioner that after consideration of representation his date of birth remain unchanged.

(3.) RESPONDENTS have filed the counter Affidavit -reply stating therein that the date of birth of the petitioner is incorrect and the correct date of birth of the petitioner is 13 -04 -1943, which has been assessed subjecting the petitioner to the Medical Board for ascertaining his date of birth. This date of birth has been recorded in the Service Book of the petitioner and the petitioner has also authenticated it by affixing his signatures. It has been recorded by the competent officer under whom the petitioner was working at the relevant time. It is also submitted in the reply that the petitioner has the cause of action from 02 -07 -1998 when his date of birth as 13 -04 -1943 was confirmed. He should have challenged it within one year as the cause is available to be challenged only within one year under Article 14 Schedule I of the Limitation Act. It is also stated that the petitioner has been retired on attaining the age of superannuation.