STATE TIMES NEWS
JAMMU: In a interesting case in which one Pritam Singh filed a petition in which he pleaded whether the age of superannuation should be determined on the basis of his date of birth recorded as 5th April, 1964 in the Matriculation Certificate or on the basis of the date of birth recorded as 5th April, 1954 in his Service Book/ Character Roll?
Justice Janak Raj Kotwal of J and K High Court while setting aside the order imposed costs of Rs 1 lakh to DGP J and K and SSP Jammu and directed them to pay the costs to the petitioner.
Justice J.R Kotwal after hearing Advocate B.S Soodan appearing for the petitioner and Sr AAG W.S Nargal appearing for the state observed that as the correction of his date of birth was not effected even after the authentication of his Matriculation Certificate by the Board of School Education.
The petitioner filed SWP No. 261/2012 in this Court.
During the pendency of that writ petition, the Director General of Police, vide the Police Headquarters No. Estt/DOB-01/2012/18004-07 dated 31st March 2012 recommended the case to the Home Department (Administrative Department), “for issuance of necessary orders on the claim of the petitioner for adoption of his date of birth as 5th April 1964, which is mentioned in the Matriculation Certificate as also the copy of initial appointment order issued by the SSP Jammu”.
Justice J.R Kotwal after hearing Advocate B.S Soodan for the petitioner and Sr AAG WS Nargal appearing for the state, observed that Senior Superintendent of Police, Jammu, however, left much to be desired.
What was expected of respondent was to accord consideration to the case in terms of clause (c) of Article 35-AA of J and K CSR and order rectification of the clerical order by changing the entry in regard to the age of the petitioner.
The impugned order, whereby petitioner has been virtually robbed of his right to continue in government service for another ten years, therefore, is illegal and cannot sustain.
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