Excelsior Correspondent
JAMMU, Sept 14: The Department of Home, J&K Government, has once again rejected the claim of Fayaz Ahmad Banday, Deputy Superintendent of Police (Ministerial) for change in his date of birth from 28-02-1962 to 28-02-1965.
Recruited in J&K Police as Junior Assistant on 18-04-1983, Fayaz Ahmad Banday rose to the rank of DySP (M) and he remained in PHQ most of the time in his service career as MTO, Estates Officer, ADO etc.
As per his official date of birth, which is entered in his service book and other official record, the officer was supposed to retire on 28-02-2023. However, four year before his retirement, he moved an application stating therein that his DoB is 28.02.1965. Director General of Police, J&K vide communication dated 21-01-2015, recommended the case of the officer for adoption of his date of birth as 28-04-1965.
The said claim was, however, rejected by the Home Department. Against the said order of Home Department, Banday filed a petition in CAT Srinagar and obtained stay order. On the strength of said stay order, he has been continuing in the department. Even as the said petition was dismissed by CAT on 06-03-2023, the said official was still continuing in the department.
There is a clear judgment by Supreme Court of India in Feb 2023 that an employee cannot seek alteration of DoB at fag end of career or when the employee is about to retire on attaining the age of superannuation.
The Home Department also observed that if new date of birth of the officer was considered, then he was ineligible to be appointed in any Govt service as he had not then attained 18 years of age, a prerequisite condition to be appointed as a Govt employee .
Keeping in view these facts, the Department of Home, vide order number 430-Home of 2024, dated 13-09-2024, once again rejected claim of the officer and made it clear that his date of birth shall continue to be treated as 28-02-1963 as recorded in his Character Roll, at the time of his appointment.
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