Z M SAMNANI Vs. STATE OF J&K

JUDGEMENT

(1.) PETITIONER seeks issuance of writ of certiorari to quash Government Orders No. 40 -TR of 1999 and 41 -TR of 1999 dated 04.06.1999 whereby his representation for change of his date of birth has been rejected and directed to be retired on superannuation with effect from 31.03.2000, respectively. He further seeks a direction to the Principal Secretary to Government, Transport Department to comply with the direction dated 21.09.1999 of the Minister.

(2.) THE petitioner joined the services in the year 1960 and at the time of his initial appointment his date of birth came to be recorded as 16th of January, 1942. The petitioner on 10.4.1998 filed a representation before the respondents seeking change of his date of birth as 16th January, 1946 instead of 16th January, 1942 relying upon the evidence of photostat copy of the certificate issued by the Birth Registrar (Sialkote Pakistan). The representation of the petitioner was considered and came to be rejected vide Government Order No. 40 -TR of 1999 dated 04.06.1999 on two grounds, firstly that the representation of the petitioner is time barred in terms of Clause (c) of SRO 1995 dated 29.11.1995 and secondly that it is established that the recorded date of birth of the petitioner is based on most reliable sources, that is school leaving certificate and does not warrant any alteration.

(3.) THE petitioner further made a representation to the Minister for Transport, who recorded on the noting sheet of the file, whether any representation for change in the recorded date of birth has been made by the ARTO before the issuance of the SRO 310 dated 29.11.95 is to be looked into and till such time a final decision is taken the effect to the notification no. 41 -TR of 1999 dated 04 -06 -1999 is to be kept in abeyance by a formal order.