UNION TERRITORY OF J&K Vs. GOPAL KRISHAN

JUDGEMENT

(1.) The order dtd. 1/9/2020 passed by the Central Administrative Tribunal allowing the OA No. 061/0196/2020 titled, Gopal Krishan vs. Union Territory of J&K and others, whereby the petitioners were directed to treat the date of birth of the respondent as 15/9/1968 instead of 15/9/1960 and carry out necessary correction with regard to the date of birth as 15/9/1968 in all relevant documents and service book of the respondent, has been impugned by the petitioners on the ground inter alia that the order impugned has been passed in complete negation of Rules 192 and 193 of the Police Rules, as also in utter disregard of the Article 35-AA(c) of the Jammu and Kashmir Civil Service Regulations, 1956, that prescribes a period of five years for seeking the correction of the date of birth after entering into the service. It is also stated that the respondent all along was having the knowledge of the entries made in his character roll in light of the abovementioned Police Rules and now after a gap of 25 years cannot seek the correction of date of his birth.

(2.) Objections stand filed by the respondent in which it has been stated that in the Recruit Register maintained in terms of Rule 180 of Police Rules, in Medical Record and certificate issued by the Medical Officer in terms of Rule 183 of Police Rules and in Long Roll prepared in terms of Rule 205 of Police Rules, the date of birth of the respondent has been mentioned as 15/9/1968. It is also stated that there has been absolute non compliance of Rule 193 at the time of preparation of character roll and it is also stated that in all the seniority lists issued from time to time, the date of birth of the respondent has been correctly mentioned as 15/9/1968. The respondent has denied that there is any delay and laches on his part, as in all the records pertaining to the service of the respondent other than the character roll, the date of birth of the respondent has been correctly mentioned. The tentative seniority list of the Head Constables dtd. 18/8/2020 has also been placed on record, wherein also the date of birth of the respondent has been mentioned as 15/9/1968.

(3.) Mr. Raman Sharma, learned AAG appearing for the petitioners vehemently submitted that the application filed by the respondent before the learned Tribunal was required to be rejected only on the ground of delay and laches as the said application was filed after 25 years of entering into the service and no plausible reason has been demonstrated by the respondent for filing the same after the inordinate delay. He further argued that as per Rule 193 of the Police Rules, character roll of the respondent presumably was prepared in presence of the respondent, who had every opportunity to controvert the same at the time of the preparation of the same and further that the rectification cannot be made in the service record in view of the bar contained in Article 35-AA(c) of the Jammu and Kashmir Civil Service Regulations, 1956.