SADUR UL DIN KOHLI Vs. STATE

JUDGEMENT

(1.) IN the instant petition, the petitioner has questioned communication no. F(Admn -B) CU/12 New Campus Bemina dated 06.07.2012 addressed to the Divisional Forest Officer, Kehmil Forest Division, Kralpora by Assistant Secretary Admn -Central Board of School Education, respondent no.7, whereby a process for holding enquiry regarding date of birth recorded as 15.10.1952, in the date of birth certificate issued by the Board of School Education bearing no. 003861 instead of 05.01.1946 recorded in respect of a certificate issued by the Government Boys Middle School Gung, Shath (Karnah), besides seeking direction for settlement of his post retiral benefits on the basis of order of superannuation/date of birth recorded as 15.10.1952.

(2.) THE petitioner claims to have been appointed as Forest Guard on 05.01.1973 and promoted as Dy. Forester on 15.12.1978 and subsequently as Forester on 26.10.1989. petitioner has qualified KFS training course in the year 2003 -04 and his Date of Birth was recorded as 15.10.1952 on the basis of matriculation certificate issued by the Board of School Education, respondent no.7. The petitioner has placed on record copy of the certificate as also matriculation certificate substantiating the averments. It is submitted that the petitioner was continuing in service and finally retired on reaching the age of superannuation on 31.10.2010 on the basis of recorded date of birth as 15.10.1952 vide Forest order no. 4 of 2010 dated 31.10.2010. It is further submitted that the petitioner while in service claimed promotion against the next higher post on the strength of being member of reserved category (Schedule Tribe) and his case remained pending before the respondents even after his retirement. While petitioner 's case was pending consideration for promotion respondent no.5 doubted the genuineness of the matriculation certificate and accordingly asked petitioner to produce the matriculation certificate. After considering the claim of petitioner for accord of benefit of promotion against the post of Range Officer in terms of the roster point of Schedule Tribe, petitioner was promoted as Range Officer Grade - II vide order No. 24 of 2011 dated 21.01.2011 w.e.f 01.01.2010, in the order it was provided that petitioner shall be entitled to pay attached to the post of Range Officer Grade -I from 01.01.2010 till his date of retirement i.e 31.10.2010.

(3.) NEEDLESS to mention that petitioner 's claim of having appeared in examination of Adeeb from Jamia Urdu Aligarh, therefore, Board authorities before issuing the authentication certificate in favour of the petitioner have ascertained the genuineness of the certificate from Jamia Urdu Aligarh, confirming the date of birth of petitioner as 15.10.1952 and after fulfilling the requisite formalities, respondent no.7 issued the certificate in favour of the petitioner.