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HIGH COURT OF JAMMU AND KASHMIR
ALI MOHAMMAD DHOBI – Appellant
Versus
STATE OF JK AND ORS (HOUSING & URBAN) – Respondent
JUDGMENT :
1) The petitioner has challenged order No.DULB/Est/255/BS/589 dated 06.02.2015, whereby he has been deemed to have retired on superannuation with effect from 31.10.2013. Challenge has also been thrown to Government Order No.175-HUD of 2015 dated 09.07.2015, whereby a Committee has been constituted for conducting a thorough enquiry into the alleged tampering of date of birth of the petitioner in his service record. The petitioner has also sought a direction upon the respondents to release salary in his favour with effect from February, 2015 till he reaches the age of superannuation in April, 2018 as per his actual date of birth.
2) As per case of the petitioner, he was appointed as a Daily Wager in the respondent Department in the year 1974, whereafter his services were regularized in the year 1981. It has been submitted that the petitioner has studied upto 5th Class in a local school where his date of birth has been recorded as 20.10.1958 and the same has been entered in his service book as well. According to the petitioner, he was to attain the age of superannuation in the month of October 2018. It has been submitted that until the year 2015, the respondents never dispute
The court upheld the validity of the retirement order based on the petitioner's admission of tampering with his date of birth, affirming that no hearing was required under these circumstances.
Tampering with age records to gain employment advantage invalidates claims to continued service; retirement at correct age does not breach natural justice.
The original date of birth recorded in a government employee's service book is deemed correct for all purposes, overriding any subsequent alterations.
The principle that corrections to the date of birth in service records cannot be entertained at the end of a government employee's service unless there is clear and irrefutable evidence of error, and....
The court upheld that recorded dates of birth in service books cannot be altered at the end of an employee's service, emphasizing adherence to procedural timelines.
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