ABDUL AZIZ Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) The petitioner joined his service on 7th of December 1966 as a teacher in Education Department. In February 1981, he was promoted as senior teacher and in October as Master, in November 1998 he was holding the post of Zonal Education Planning Officer (Gazetted). From the said post, he has already retired. In the service record of the petitioner, his date of birth has been recorded as 22.4.1944 on the basis of his Higher Secondary Diploma. The petitioner claims that his recorded date of birth is wrong, whereas his actual date of birth is 7th of July 1947. When he was in service, he approached the respondents for correction of his date of birth. When his request was not acceded to by the respondents, on 15th of October 1986, he filed a civil suit in the Court of Sub Judge Kishtwar for declaration to the effect that the date of birth of the petitioner is 7.7.1947 A.D corresponding to 25.3.2004 B.K and not 22.4.1944 A.D and for injunction direction the defendants to correct his date of birth in his service record. Learned Sub Judge Kishtwar by his decree-dated 15.12.1990 passed in File No.128/Civil titled Abdul Aziz Vs. Govt. of Jammu and Kashmir Srinagar and others decreed the suit in the following terms against the defendants who were Government of Jammu and Kashmir, Secretary to Government, Education Department J&K State and Director Schools Education, Jammu:-

(2.) After the passing of the decree, the plaintiff/petitioner filed an execution application against the defendants/judgment debtors /respondents in the Court of Learned Sub Judge Kishtwar. It may be pertinent to mention here that defendants/respondents did not file any appeal against the judgment-decree of Learned Sub Judge Kishtwar before any competent forum and therefore the decree passed by the Learned Sub Judge Kishtwar has acquired finality. On the execution application, Learned Sub Judge Kishtwar directed Director School Education Jammu who was defendant No.3 in the suit to make the necessary entry with respect to the date of birth of the plaintiff/decree holder in his service or other relevant records as per the decree passed and report compliance to the Court. In response to the direction issued by the Sub Judge Kishtwar in execution proceedings a Head Assistant from the office of the defendants appeared on 15.7.1993, a letter written by Zonal Education Officer dated 15.7.1993 stood received in the Execution Court addressed to the Learned Sub Judge Kishtwar under No.734 saying therein:

(3.) In the light of judgment and as per Court directions the correct date of birth in favour of plaintiff has been entered as (Seventh 7th of July N.H and forth seven) 7.7.47 against 22.4.44 in his service book and other relevant records. Hence the service book is enclosed for attestation of DOB entry and early return to this office for record. Thereafter the seniority list came to be issued of the Masters (Male) of District Doda, by the office of Chief Education Officer, Doda showing the name of the petitioner at serial No.58 A and in the column of date of birth his date of birth was shown as 7.7.1947 and not the original date of birth i.e. 22.4.1944. Then another tentative seniority list in respect of the Masters of Jammu Division also came to be issued in which the name of the plaintiff/petitioner was shown at serial No.89 and in this seniority list too date of birth of the petitioner was shown to be 7.7.1947. The Zonal Education Officer Kishtwar by his endorsement-dated 12.7.1993 also appended a note into the service book of the petitioner for correcting the date of birth of the petitioner from 22.4.1944 to 7.7.1947 on the basis of the decree passed in the civil suit of the petitioner.