STATE TIMES NEWS
JAMMU: In a Letter Patents Appeal (LPA) filed by Chaman Lal Ganjoo against dismissal of petition whereby petitioners have prayed for issuance of writ of mandamus directing the respondents to allow him to remain in service till 31st May, 2006 on the basis of date of birth recorded in his Matriculation certificate, i.e., 16th May, 1948 and to allow him to draw all consequential benefits with further prayer that respondents be directed not to make any recoveries from the appellant with effect from May 1998, the date on which the appellant has been treated to have been retired from service.
The case of the appellant before the writ court was that he appeared in Matriculation examination from University of Jammu and Kashmir in the year 1959 with Roll No. 8503. He was appointed Junior Assistant in Jammu and Kashmir Revenue Department in 1973. The appellant later on appeared in Combined Services Competitive Examination and after qualifying the same, he was appointed as Accounts Officer in Jammu and Kashmir Finance Department on 23rd January, 1993 on substantive basis. It is stated that when the appellant joined as Junior Assistant in the Revenue Department, he submitted his Matriculation certificate mentioning date of birth as 16th May, 1948 based on which entry was made in the service book stating his date of birth as 16th May, 1948.
According to the appellant, the Deputy Director (Central) Accounts and Treasuries Department on 28th July, 2003 requested the appellant to furnish the service book in original along with Matriculation certificate as he had received some complaints against the appellant regarding his date of birth. Again on 17th September, 2003 respondent directed the appellant to submit his original service book and Matriculation certificate and based on said directions, the appellant submitted photocopy of service book and Matriculation certificate and on 24th September, 2004 respondent addressed communication to the District Treasuries Officer Udhampur directing that salary of appellant for the months of July and August 2003 be released and the salary from September 2003 onwards should not be released unless the original service book and Matriculation certificate are produced. The Government issued order bearing No. 94-F of 2004 dated 6th April, 2004 and ordered that appellant has been deemed to have retired from services with effect from May 1998. It is the contention of the appellant that the aforesaid order was not communicated, however, another person assumed the charge of Chief Accounts Officer, District Fund Office Udhampur on 6th
April, 2004.Division Bench comprising Chief Justice N Paul Vasanthakumar and Justice Tashi Rabstan while dismissing the LPA, observed that if opportunity of hearing is extended, the result cannot be changed, conducting enquiry is an empty formality.
