ABDUL RASHID SOGAMI Vs. STATE OF J AND K

JUDGEMENT

(1.) Petitioner, Range Officer of the Forest Department is due to superannuate on 30th September, 2000. He seeks correction of his recorded date of birth 17-8-1942 to 17-9-1947 on the ground that his date of birth is17th Magh 2009 B.K.

(2.) The petitioner has entered the service of the respondent about three decades ago. On commencement of the service, his Service Book was prepared entering his date of birth 17-8-1942 on the basis of the certificate submitted by the petitioner. He remained silent through out and made grievance of change of the recorded date of birth, by presenting anapplication in the month of November 1999 to the DFO, Pirpanchal Division, Budgam. It was referred by the DFO to the Deputy Commissioner Budgam, who further referred to the Tehsildar Chadoora, for verification. DFO Pirpanchal Division vide his order dated 6-3-2000 submitted the case of the petitioner intimating that the recorded date of birth of petitioner is 17-9-1942 and he is due to superannuate in the month of September 2000.

(3.) The plea of learned counsel for the petitioner is that according to the actual date of birth that is 17th Magh 2009 Bikrami, he has to retire in the year 2005 and thus the respondents should not superannuate the petitioner and instead should record in the service records the actual date of birth. Learned counsel has submitted that the petitioner is entitled to seek correction in the service record, relying upon the law laid down in SLJ 1994 381, 1988 SLR 519, 1978SLJ 292 and 1984 SLJ 592.