1 WP(C) No. 852/2022 S. No. 22 Regular Cause List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) No. 852/2022 Bashir Ahmad Shah …Appellant/Petitioner(s) Through: Mr. Bilal Ahmad Malla, Advocate Vs. UT of J&K and Ors. ...Respondent(s) Through: Mr. Ilyas Nazir Laway, GA for R-1 to R-3 Ms. Maha Majeed, Assisting Counsel vice Mr. Mohsin Qadri, Sr. AAG for R-4 CORAM: HON’BLE MR JUSTICE VINOD CHATTERJI KOUL, JUDGE O R D E R 15.05.2025 1. Quashing of Order No.DULB/Estt./1246-II/1516-17 dated 25.01.2022, whereby Crime Branch, Srinagar, has been requested to ascertain the genuineness of petitioner’s date of birth and his service book, and furnish finding regarding the same to respondent department for further action under rules, is sought for in this writ petition. Petitioner is also praying for passing of a direction upon respondent-department to release his arrears of pension w.e.f. 1st April 2022, sanction Cash in lieu of Leave Salary, Death-cum-Retirement Gratuity and after sanction, respondent No.2 may submit his pension case to the office of respondent No.3, who on receipt of the same, issue a Pension Payment Order (PPO) forthwith. 2. The case set up by the petitioner is that Director, Urban Local Bodies, Srinagar, has addressed a complaint (Annexure-I to writ petition) dated 25.01.2022 to Senior Superintendent of Police, Crime Branch, Srinagar, alleging therein that the petitioner was directed to submit his 2 WP(C) No. 852/2022 original date of birth certificate, but he could not produce the same, therefore, the matter got verified through the Departmental Vigilance Officer, who submitted his report. In the said report, it has been observed that the date of birth recorded in the service book of petitioner is not genuine and first part of the service book has also been replaced. Consequently, the retirement notification dated 13.01.2022 has been issued with respect to the petitioner notifying therein his date of retirement as 31.03.2022. Accordingly, the matter came to be referred to Crime Branch, Kashmir, for ascertaining the genuineness of petitioner’s date of birth. 3. It is submitted by learned counsel for the petitioner that since the petitioner has retired on superannuation on 31.03.2022 as per his actual date of birth, i.e. 30.03.1962 and has not taken any benefit of fake date of birth, therefore, there is no question of making any recovery from his pension and pensionary benefits. However, the respondent-department, despite this fact, are not processing the petitioner’s pension case. He in support of his contention has placed reliance on the judgement dated 11.12.2020 passed by the Division Bench of this Court in case titled “Ghulam Mohi-ud-Din Lone vs. State of J&K and Ors., whereby appellant was held entitled to all admissible post retiral benefits including pension, GPF, gratuity and leave salary etc. along with interest @ 6% per annum and respondents were directed to process the case of appellant for release of retiral benefits, and has submitted that this judgement squarely covers the case in hand. 4. Mr. Ilyas Nazir Laway, learned GA, submits that the petitioner’s intention by making wrong entry with regard to his date of birth in 3 WP(C) No. 852/2022 service book was to take benefits of the same and on the said allegation, an FIR No. 88/2022 for the commission of offence under Sections 420, 468, 471 RPC has been registered against the petitioner in Police Station, EOW, Crime Branch, Srinagar and the investigation in said FIR is going on. 5. Heard learned counsel for the parties and perused the material on record. 6. As stated by learned counsel for the parties that the petitioner has retired on attaining the age of superannuation on 31.03.2022 as per his actual date of birth, i.e. 30.03.1962 and he has not taken any benefit of fake date of birth as entered into his service book as alleged by respondent-department, therefore, there is no wrongful loss to the respondent-department. FIR with regard to making wrong entry of date of birth in service book has already been registered by Crime Branch, Srinagar. However, it is submitted by learned counsel for the petitioner that the said FIR against the petitioner has been registered after retirement of the petitioner and he does not want to pursue this petition to that extent. As such, the Crime Branch, Kashmir, can proceed with investigation in FIR No.88 of 2022. 7. Now question arises with respect to processing of petitioner’s pension case and pensionary benefits. 8. It is argued by Mr. Ilyas Nazir Laway, learned GA, that the petitioner has not taken any monetary benefit of fake date of birth entry reflected in his service book as he has retired on superannuation as per actual date of birth. He has further argued that if the petitioner makes a representation before the respondent department for release of pension 4 WP(C) No. 852/2022 and pensionary benefits, they will consider the same strictly in accordance with law. 9. Having regard to what has been said and discussed herein above, this writ petition is disposed of by providing that the respondents on receiving representation to be made petitioner before them, shall consider it in light of what is stated therein and while doing so they shall take into account the judgement supra relied upon by petitioner as also take note of the fact that there had been no wrongful loss to the department and after hearing the petitioner, decide the same within a period of three weeks from the date copy of this order along with representation is submitted to them. 10. Disposed of as above. (VINOD CHATTERJI KOUL) JUDGE SRINAGAR 15.05.2025 Manzoor Manzoor Ul Hassan Dar I attest to the accuracy and authenticity of this document Srinagar 21.05.2025 17:34