ABDUL RASHID MIR Vs. STATE OF J&K

JUDGEMENT

(1.) The dispute raised in the present writ petition is with regard to the petitioner's actual date of birth and consequently, the date of his superannuation. It is stated that after the floods of 2014, the service record of the petitioner had been destroyed and that the official respondents were arbitrarily fixing the date of birth of the petitioner as 31.12.1958 instead of 01.01.1966.

(2.) A lot of emphasis was laid on a school leaving certificate which forms an annexure B to the writ petition issued purportedly on 03.09.1981 which reflects the date of birth of the petitioner as 01.01.1966. According to this certificate, the petitioner was admitted in the higher secondary School in 01.12.1976 and was withdrawn on 03.09.1981.

(3.) Learned counsel for the petitioner stated that the case of the petitioner is that at the time when the service record of the petitioner was framed, his date of birth had been recorded as 01.01.1966 which was now sought to be arbitrarily changed to 31.12.1958. In those circumstances, it is urged that a direction be issued to the respondents to re-construct the service record of the petitioner in accordance with Regulation 35-AA of the J&K Civil Services Regulations and the J&K Financial Code.