JK High Court Upholds Service Record, Rejects Forest Official’s DOB Change

JK High Court Upholds Service Record, Rejects Forest Official’s DOB Change

VoM News Desk | February 19, 2025 | 09:59 PM IST | Breaking News, Jammu Kashmir | Follow on Google News

JK High Court Upholds Service Record, Rejects Forest Official’s DOB Change

PTI

The High Court of Jammu and Kashmir and Ladakh has dismissed an appeal by Ghulam Nabi Sofi, a Forest Department official, seeking to change his recorded date of birth in official service records. The court upheld previous judgements by the Additional District Judge, Srinagar, and the 1st Additional Munsiff, Srinagar, effectively denying Sofi’s request to be recognized as five years younger than his current records indicate.

The case, CSA no. 08/2014, centered on Sofi’s claim that his actual date of birth was December 31, 1958, despite his service record reflecting January 3, 1953. Sofi argued that the discrepancy arose from an error made by his illiterate parents and that he only discovered the “true” date of birth later through school records of his brother and information from the Registrar of Births and Deaths. He sought a decree declaring his birth date as 1958, a mandatory injunction compelling the department to correct its records, and a permanent injunction restraining his retirement based on the 1953 date.

Sofi initially filed a civil suit after his requests to the Forest Department to amend his birth date were denied. The department contested the suit, arguing it was time-barred and that Sofi had not provided complete information regarding his matriculation examination, which could have substantiated his age.

The Trial Court initially dismissed the suit, a decision that was later overturned on appeal. However, after considering witness testimonies and evidence, the Trial Court ultimately ruled against Sofi, a decision that was then appealed.

Justice Vinod Chatterji Koul, presiding over the case, scrutinised the evidence presented, including a letter from the Headmaster of Government High School, Khrew, indicating that Sofi had received his Class 10th discharge certificate in September 1970. This suggested that Sofi was in Class 10th well before the date he claimed. The court noted that accepting Sofi’s claimed birth date of 1958 would mean he was less than 12 years old when he received the certificate, an “improbable” scenario.

The court also pointed out that Sofi had signed his service book multiple times, acknowledging the recorded birth date of January 3, 1953, and had remained silent about any discrepancy for over 20 years.

Justice Koul observed that the issues raised by Sofi were not, strictly speaking, substantial questions of law, but rather factual disputes. However, the court considered whether the lower courts had committed any illegality in their judgements.

The High Court emphasised that government employees are expected to rely on the certificates they possess when seeking employment. It also cited the Jammu and Kashmir Civil Services Regulations, 1956, specifically Rule 35-AA, which governs the determination of date of birth. The rule stipulates that the date of birth declared at the time of appointment, supported by documentary evidence like a matriculation certificate, is the basis for determining the age of superannuation.

The court noted that Sofi had submitted his Matriculation Certificate upon joining the Forest Department, and his date of birth was recorded accordingly.

Ultimately, Justice Koul found no merit in Sofi’s appeal, stating that the impugned judgements were “lucid, comprehensive” and did not warrant any interference. The court concluded that Sofi was attempting to change his date of birth to extend his service and gain additional benefits, and the appeal was therefore dismissed.

(Except for the headline, this story has not been edited by VoM News staff and is published from the syndicated feed)

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