Mohammad Mehraj Ud Din Khan vs Union Territory Of J&K And Others
2021 Latest Caselaw 662 j&K/2

                                                                   Sr. No.105

      IN THE HIGH COURT OF JAMMU AND KASHMIR
                     AT SRINAGAR
                  (Through virtual Mode)

CJ Court

                         WP(C) No.1104/2021

Mohammad Mehraj Ud Din Khan                    ...Petitioner(s)/Appellants.
Through:   Mr. M. Y. Bhat, Advocate.
                                   Vs.
Union Territory of J&K and others.                      ....Respondent(s)
Through:
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE

                               ORDER

29.06.2021

1. Heard Sh. M. Y. Bhat, learned counsel for the petitioner.

2. Petitioner has preferred this writ petition against the judgment and order dated 25.03.2021 passed by the Central Administrative Tribunal, Jammu Bench Jammu.

3. The Tribunal by the aforesaid judgment and order has dismissed the transfer application No.4846 of 2021 arising out of the SWP No.3447/2019 filed by the petitioner for the correction of his date of birth in the service record.

4. The record reveals that the petitioner entered into the services as Junior Engineer in the year 1981 and thereafter was promoted to the Kashmir Administrative Service. He was retired with effect from 30.11.2018 on the basis of his date of birth i.e., 09.11.1958 recorded in the service records.

5. The submission of learned counsel for the petitioner is that his actual date of birth is 09.11.1961 and that the petitioner has represented for the correction of his date of birth in the service records in the year 1985 but it was not considered and decided.

6. The tribunal dismissed the writ petition holding that the service record of the petitioner records his date of birth as 09.11.1958. The record submitted by the petitioner showing that his date of birth is 09.11.1961 was not found to be genuine and since there was discrepancy, the record was referred to Forensic Science Laboratory (FSL). The laboratory reported that there is interpolation in the date of birth in the record submitted by the petitioner and that the service record of the department is correct.

7. In view of the above, the Tribunal dismissed the claim of the petitioner i.e., his date of birth is 09.11.1958 and not 09.11.1961 as recorded in the service records.

8. It is well settled law that a person cannot be permitted to get his date of birth altered or changed at the fag end of his service more particularly when he has retired.

9. In the given facts and circumstances of the case, there is no error or illegality in the order and it is not a fit case for exercise of extra ordinary jurisdiction.

10. The appeal lacks merit and is accordingly dismissed.

                                              (SANJAY DHAR)                  (PANKAJ MITHAL)
                                                     JUDGE                   CHIEF JUSTICE
                   Srinagar
                   29.06.2021
                   Abdul Qayoom, PS




ABDUL QAYOOM LONE
2021.06.29 17:31
I attest to the accuracy and
integrity of this document