STATE OF J&K AND OTHERS Vs. GHULAM FATIMA

JUDGEMENT

(1.) Condonation of 940 days delay in preferring the Letters Patent Appeal is opposed by the respondent on the ground that inordinate unexplained delay, if condoned, would be against justice and will also negate the operation of the Limitation Act.

(2.) While considering the instant application seeking condonation, learned counsel for the parties also referred to the merits of the case.

(3.) Respondent, admittedly, has been appointed as Junior Assistant on 2nd December, 1985. At the time of her appointment, she had submitted the matriculation certificate wherein her date of birth as 05.08.1958 was recorded in her service book. After a gap of ten years i.e. on 04.08.1995, she filed a representation stating therein that her date of birth in the matriculation certificate was wrongly recorded as 1958 instead of 1959. The Board of School Education has rectified the mistake which had crept in and in her matriculation certificate the actual date of birth i.e. 05.08.1959 has been recorded and the earlier certificate has been cancelled, therefore, her date of birth in the service book may be corrected accordingly.