SURESH CHANDER SHARMA Vs. STATE OF J&K

JUDGEMENT

(1.) THE petitioner was appointed orderly in June 1966. In SMGS Hospital, Jammu. He retired on 31 -8 -1991 on attaining the age of 60 years. While processing his case for pension, the Accountant General pointed out that his date of birth should have been verified from his discharge certificate issued by the Army. On verification, it was found that his date of birth recorded in the Army discharge certificate was 21 -12 -1928. Accordingly, the Government has changed his date of birth from 11 -8 -1931 to 21 -12 -1928. When this decision was communicated to the Accountant General, the latter sought clarification as to how the period for which the petitioner over -stayed was to be treated.

(2.) THE petitioner has moved this petition for quashing the Government Order No. 875 -HME of 1993 dated 1 -12 -1993 by virtue of which the date of birth of the petitioner was changed from 11 -8 -1931 to 21 -12 -1928 on the ground that neither any enquiry was held nor he was heard before the impugned order was issued. It is bad because principles of natural justice have been violated.

(3.) NO counter has been filed on behalf of the State Government. In the Counter filed by the Accountant General, it is stated that some excess payments and his over stay in service has delayed the settlement of payment of pension.