HANS RAJ SHARMA Vs. STATE OF J&K

JUDGEMENT

(1.) THE petitioner was working as a Naib Tehsildar in the Revenue department, of the Government of Jammu and Kashmir. He made a representation to the Government for correcting his date of birth, which allegedly, was not considered. In his service book the date of birth recorded was 16.12.1935. which according to him, was not correct. He has asserted that his actual date of birth was 16.12.1936. Allegedly, the mistake in recording his date of birth has taken place when it was firstly converted from Christian era to Bikrami era and then again from Bikrami to Christian era. It is stated that firstly he was admitted in Government Primary School, Aghore where his date of birth was recorded in Christian era as 16.12.1936. After that, he studied in Government High School Gharota where also his date of birth was recorded as same. Thereafter, he was admitted in Government Middle School, Akhnoor where the date of birth was recorded in Bikrami era. Allegedly, the mistake in recording his date of birth firstly occurred in that school as they wrongly converted the same. They recorded his date of birth after converting it from the Christian era into Bikrami era as 4.9.1992. From that school, he went to B.R.M.L. Higher Secondary School, Jammu where he did his Matriculation. In that school, his date of birth was again converted from Bikrami into Christian era, and allegedly, wrongly recorded as 16.12.1935. The same date of birth got recorded in his Matriculation also. Lateron, when he entered into Government service, the date of birth as recorded in his Matriculation certificate was recorded in his service record also, which continued till last.

(2.) IT is alleged in the petition that the petitioner made representations to the respondents for correcting his date of birth which were not considered by them. Last of all, he made a representation to them on 13.12.1993, copy whereof he has annexed with the writ petition, giving therein the details as to how the mistake in his date of birth has crept in. He asked them to hold an inquiry in this regard, which allegedly, was not made. It is alleged that in case his date of birth is not corrected, it will deprive him of one yearâ„¢s service, as he will be retired one year before his actual date of superannuation. According to him, the respondents were legally bound to hold an inquiry about his actual date of birth after he made representations to them in this behalf in terms of rule 6 -4 of the Jammu and Kashmir Financial Code. As they have not made any such inquiry, he had therefore, no alternative but to file the writ petition.

(3.) THE petitioner has made various school leaving certificates from various Schools, in which he had studied, as annexures to his writ petition. Annexure "R/l" is his school leaving certificate from Government Girls High School, Aghore wherein his date of birth is shown as 16.12.1936. Annexure "R/2" in his school leaving certificate from Sri Ranbir Multilateral Higher Secondary School, Jammu wherein his date of birth is recorded as 4.9.1992 (Bikranii), Annexure "R/3" is a certificate given by Headmaster, Middle School, Akhnoor showing his date of birth as