NIGHAT PARVEEN Vs. STATE OF J&K

JUDGEMENT

(1.) By the medium of this writ petition, the petitioner seeks a writ for quashing the entry qua date of birth and directing the respondents to record her date of birth in accordance with the mandate of the rules occupying the field in conformity with the date of birth recorded in her matriculation certificate.

(2.) The facts culled out from the petition of the petitioner are that according the Rule 6.4 of Jammu and Kashmir Financial Code, the date of birth of a Government Employee is to be recorded in accordance with the date of birth mentioned in the Matriculation Certificate. The date of birth of the petitioner has been rightly recorded as 12.05.1960 in the matriculation certificate and it has wrongly been recorded in her service record as 26.09.1958. The petitioner had requested the respondents to record her date of birth in conformity with the matriculation certificate as required by rules but they have expressed their inability in doing so by taking resort to Article 35-AA of Civil Service Regulations. The petitioner submits that the said Article has no application to her case inasmuch as the very initial entry has been made in an arbitrary manner in violation of the rules and without any basis. The entry has the effect of resulting in the removal of the petitioner ahead of her actual date of retirement.

(3.) Per contra, the respondents have pleaded that the petitioner did not produce the matriculation certificate at the time of her appointment and that is why the age of the petitioner was determined by a committee according to the rules and the same was recorded as 26.09.1958 in the service book of the petitioner. The petitioner accepted the same and has now after a great lull knocked at the doors of the Court to seek correction in her date of birth.