AB RASHID Vs. STATE OF J&K

JUDGEMENT

(1.) THIS appeal is directed against the Judgement of Learned Single Judge dated August 9, 1995 whereby writ Petition has been dismissed.

(2.) BRIEFLY material facts of the case are that the petitioner passed Matriculation examination from Jammu & Kashmir University in 1953 Under Roll. No. 1378. He became Medical Officer in 1961 and thereafter transferred and promoted as Demonstrator in 1963. After some time he was promoted as Assistant District Medical Officer in the gazetted cadre.

(3.) THE date of birth of petitioner recorded in the Service Book is 7 -9 -1938 as per Matriculation Certificate allegedly issued by the University of Jammu & Kashmir, Photostat Copy of this Certificate is on the file. Petitioner contends that respondent -2 asked the petitioner to furnish his original Matriculation Certificate vide Communication No. ISM/ACJ/75 -76 dated 7 -6 -1990. Accordingly, Petitioner submitted his original Matriculation Certificate to the Director Indian System of Medicines, vide Communication No. HD/129/92 dated 26 -3 -1993, respond -ent -1 also requested the Petitioner for producing the original Matriculation Certificate. Through Communication No. ISM/DISM/ Sgr/12 -4 dated 12 -4 -1993 the Petitioner submitted that his original Matriculation Certificate was already with respondent -2. Thereafter, petitioner was informed by respondent -1 on 2 -9 -1993 about the decision to retire him on the basis of his date of birth being 7 -9 -1935 instead of 7 -9 -1938, recorded in the Service Book.