Pushkar Nath Zutshi vs State of J & K

T.S. Doabia, J.—The petitioner submits :

(i) That he was to retire in January 1990 and he was wrongly retired on 5th of February, 1982;

(ii) That in spite of the fact that he was made to retire in the year 1982, pensionery benefits have not been given to him;

(iii) The petitioner submits that his date of birth has been wrongly fixed.

The petitioner is present in the Court. He was asked about his date of birth. For a while he was unable to give any reply. He was given time to

think over the matter. He has stated that his date of birth is 14th of August, 1937. He submits that if this be taken into consideration then he has

been wrongly retired on 5th of February, 1982.

The stand taken by the petitioner today in court is contrary to the stand taken by him in the petition. In the petition the date of birth is stated to

be 1932 (11th Phagan 1989, Samvat).

The petitioner also asked as to when he joined the service. He submits joined the service somewhere in Samvat 2003. This would be around

1944 A.D. If the date of birth as given in the petition is taken into consideration then he should be 12 years of age at the time of appointment. If the

date of birth as given today in the court is taken note of, he should be of seven years. The stands taken by the petitioner are inconsistent. This is a

disputed question of fact. This cannot be gone into in this petition. The petitioner would be at liberty to seek remedy regarding his fixation of date

of birth in forums available to him. No finding can be recorded in writ jurisdiction. This is more so because of the contradictory stand taken by him

today in the Court and also in the writ petition.

One thing, however, is still required to be gone into. The petitioner submits that he is entitled to pensionery benefit. The petitioner submits that

his service record was destroyed in a fire. The petitioner would make available uptodate data available with him to the respondentauthorities. The

State would also take steps to reconstruct the file at its own level. As and when the data is furnished, the State would take steps with a view to

reconstruct the file and release pensionery benefit available to him. This exercise would be completed within a period of four months from the date

requisite information is given by the petitioner to the respondent authorities.

Petiton dismissed.