O R D E R (FINAL)

JUSTICE RITU TAGORE, MEMBER [JUDL.]

01.The present Transfer Application emanates from SWP No. 449/2010 which stood transferred from the Hon’ble High Court of Jammu & Kashmir and Ladakh to this Tribunal under Section 29 of the Administrative Tribunals Act, 1985 and has been re-registered as T.A. No. 62/1921/2020.

02.Through the medium of the instant Transfer Application, the applicant seeks quashment of Order No. 14 of 2010 dated 15.01.2010 issued by respondent No. 3 whereby the applicant was treated as having deemed superannuated with effect from 29.02.2008 on the basis of an alleged correction in his date of birth and consequential directions were issued for recovery of excess pay, perks and other monetary benefits from his terminal dues. The applicant has further sought a direction upon the respondents not to effect any recovery and to release pension and other retiral benefits in his favour. The applicant has also sought a direction upon the respondents to constitute a committee for ascertaining and verifying the veracity of the date of birth certificate produced by him, issued by the Principal Government Boys Higher Secondary School, Tral Kashmir, with an opportunity to participate in the proceedings.

03.During the pendency of the present Transfer Application, the original applicant Abdul Gaffar Dhobi expired on 05.10.2021. Consequently, MA No. 297/2021 came to be filed seeking substitution of his legal heirs, namely, Raja Banoo (widow), Fayaz Ahmad Dhobi, Javeed Ahmad Dhobi and Sajad Ahmad Dhobi, as applicants in place of the deceased applicant. For the reasons stated in the application and in the interest of justice, the said MA was allowed and the aforesaid legal heirs were brought on record to prosecute the present proceedings.

04.The case set up by the applicant is that he was initially appointed as a Guardsman in the Home Guards Organization on 17.11.1970 and thereafter came to be absorbed in the Executive Police as a Constable in the year 1977. It is pleaded that at the time of absorption, he submitted his educational and date of birth certificates issued by Government Boys Higher Secondary School, Tral, wherein his date of birth was reflected as 13.02.1952 and the same came to be recorded in his service record.

05.It is the case of the applicant that he continued to discharge his duties satisfactorily throughout his service career and no dispute whatsoever regarding his date of birth was ever raised by the respondents for more than three decades. According to the applicant, when his retirement case was processed in the year 2009, respondent No.3 suddenly raised a dispute regarding his date of birth and initiated an exercise behind his back without associating him in any manner.

06.The applicant has pleaded that respondent No.3 issued Order No.14 of 2010 dated 15.01.2010 holding that the original entry in the character roll reflected his date of birth as 13.02.1950 and consequently declared him to have deemed superannuated with effect from 29.02.2008. Simultaneously, directions were issued for recovery of excess pay and perks allegedly drawn by him during the period from March 2008 onwards from his terminal benefits in one go.

07.The applicant has specifically pleaded that the impugned order came to be passed solely on the basis of an opinion obtained from the Forensic Science Laboratory regarding alleged overwriting or mutilation in the character roll and without holding any enquiry whatsoever. It is averred that no show-cause notice was issued to him, no opportunity of hearing was afforded and no departmental proceedings were initiated before passing an order having serious civil consequences.

08.It is further pleaded that the applicant possessed a school certificate issued by the Principal, Government Boys Higher Secondary School, Tral, showing his date of birth as 13.02.1952 and that before discarding the said document and altering the recorded date of birth, it was incumbent upon the responden