HALIMA BANO Vs. STATE OF JK & ORS

JUDGEMENT

(1.) The petitioner claims to have been appointed as a Class-IV employee in the respondent Education Department in terms of SRO 122 and, thereafter, upon attaining the age of superannuation, she has retired from service in the month of May, 2018. It is stated that after superannuation of the petitioner from the services of the respondent Department, since the respondents did not release the pensionary benefits in favour of the petitioner, despite repeated requests/ representations, which constrained the petitioner to file the instant petition.

(2.) In terms of order of this Court dated 5th of October, 2018, the Chief Education Officer, Srinagar/ respondent No.3, was directed to appear in person and to explain as to how he has initiated the process of seeking verification of the 'Date of Birth' certificate of an employee who has served the department for over 35 years. The only explanation submitted by the respondents is in the shape of objections, wherein a reference has been made to some complaint having been filed by the brother of the petitioner alleging therein that the petitioner has, at the time of entry into Government service, produced a fake 'Date of Birth' certificate. This aspect, as stated by the respondents, is being enquired into by the Department since March, 2018. The respondents have proceeded to state that in order to settle the claim of the petitioner, she was directed to produce the original copy of her 'Date of Birth' certificate, however, the petitioner did not produce the same on account of the fact that it got damaged due to September, 2014 floods.

(3.) Admittedly, the petitioner was appointed as a Class-IV employee in the respondent Education Department on compassionate grounds in accordance with the mandate of SRO 122 dated 22nd of March, 198 Thereafter, the petitioner joined her services in the respondent Department and, accordingly, the service book of the petitioner was prepared by the Department, wherein her date of birth was reflected as 21st of May, 1958, on the basis of the school leaving certificate issued by the Headmaster, Government Central School Rawalpora. This extract of the service book of the petitioner is signed by the Principal Government Higher Secondary School, B.K. Pora, Chadoora.