MOHD RASHID SHAHEEN Vs. STATE OF J&K

JUDGEMENT

(1.) THE petitioner retired from the post of Naib Tehsildar from the Revenue Department, after reaching the age of superannuation on 30 -09 -2003, as his date of birth, as per the matriculation certificate submitted by him at the time of entry into Govt. Service, was 6 -9 -1945. The petitioner, while was in service, in the year 1989 applied for correction of his date of birth, claiming the same to be 25 -06 -1949, on the basis of school Leaving Certificate issued by the Head Master Govt. High School, Shahdrah Sharief. No order was passed on the said application of the petitioner perhaps the same was considered by the respondents to be a time barred application.

(2.) IN the year 1995, the Govt. issued SRO 310, whereby amendments were made in the Civil Service Regulations. After the amendment, Article 35 -AA, which was introduced, provides as follows: - -

(3.) FROM a bare perusal of the above said rules, it is manifest that in case of an employee recruited after the coming into force of SRO, who is having the qualification of matriculation or above, such date of birth shall be recorded in the service book as is reflected in the Matriculation Certificate. The date of birth so recorded and accepted by the employee as well as the Government shall not be altered except where there is clerical error provided the said employee applies for correction of the date of birth within five years from the date of his entry into service and in case of Govt. Servants already in service, from the date of issuance of this SRO, if such employee applies within a period of six months.