HARDUTT SHARMA Vs. STATE

JUDGEMENT

(1.) The petitioner seeks a writ of mandamus against the respondents to correct his date of birth in the official records as 13.10.1956 instead of 13.10.1955. The petitioner further seeks a writ of prohibition, restraining the respondents from superannuating him in October 2013, on the basis of the date of birth i.e. 13.10.1955, which is already recorded in the official records. The case set up by the petitioner in the petition is that his earlier date of birth was recorded in the official records according to the matriculation diploma, which reflected the same as 13.10.1955. Subsequently, it transpired that the said date of birth was inadvertently recorded by the J&K State Board and the said mistake was later on corrected by the Board. Accordingly, a fresh matriculation diploma was issued in favour of the petitioner reflecting his date of birth as 13.10.1956.

(2.) Mr. S.K. Anand, learned counsel appearing for the petitioner submitted that after receipt of fresh matriculation diploma by the petitioner reflecting his date of birth as 13.10.1956, the same was submitted by the petitioner before the respondents with a prayer for making necessary correction in the official records including the service book of the petitioner.

(3.) It was submitted by the counsel for the petitioner that thereafter the matter was considered by the respondents with regard to the correction of date of birth of the petitioner in the official records. Reference in this regard is made to intra-departmental correspondence and in particular to a letter Dt. 24.5.1999, addressed by the Accounts Officer, District Fund Office, Kathua, to the Director J&K Fund Organization, Jammu, wherein a request was made for correction of the service record of the petitioner. Reference was also made to a letter Dt. 5.4.1994, issued by the Deputy Director, (Central), Funds Organization, Jammu, whereby comments were sought from the Deputy Director, Funds Organization, Jammu, before taking any action in the matter regarding correction of date of birth of the petitioner in the said communication, the fact that in the seniority list of Compilors, the date of birth of the petitioner was shown as 13.10.1955, was also highlighted.