GH MOHD DARZI Vs. STATE OF J&K

JUDGEMENT

(1.) THE petitioner entered the Govt. service, on a substantive post on, 25th of January, 1957 as he was appointed as a line -man in Tangmarg Sanatorium, of the Health Department. At the time of entry into the service his date of birth came to be recorded in the service Book as 13th of Poh, 1989 BKM, which corresponce to 25th of December 1932, A.D.

(2.) THOUGH ostensibly no dispute arose about the recorded date of birth nor was its correctness challenged, yet the Medical Superintendent S.M.H.S Hospital, Srinagar vide his No. MED BD/11306 dated 14 8 86 addressed to Dy. Medical Supdt; Lalla Ded Hospital Srinagar intimated the findings of some medical board constituted to determine on medical examination the petitioners date of birth. The so -called opinion of the medical board communicated on 14.8 86 merits mention which reads: -"His age as per his statement and by physical appearance is about forty seven years."

(3.) THE Dy, Medical Officer, of the Lalla Ded Hospital Srinagar, accepted this opinion as correct and accordingly made another entry in the first page of the petitioners service book about his age and recorded it to be 9th of August, 1939. The petitioner thus become for the purposes of his service, younger in age by more than seven years, which has the claimed effect of stretching his service span by seven years and four months.