NIRESWAR KALITA Vs. STATE OF ASSAM
LAWS(GAU)-2018-2-92
HIGH COURT OF GAUHATI
Decided on February 15,2018

Nireswar Kalita Appellant
VERSUS
STATE OF ASSAM Respondents

JUDGEMENT

L.S.JAMIR - (1.) Heard Mr. K. Paul, learned counsel for the petitioner. Also heard Mr. N.Goswami, learned Government Advocate appearing for the State respondents as well as Ms. B. Bhuyan, learned Standing Counsel, BTC.
(2.) The present writ petition has been filed challenging the order dated 30.07.2016 pass by the Executive Engineer, PWD Musalpur (R and B) Division, Musalpur by which the petitioner has been released from Government service with effect from 30.07.2016.
(3.) Mr. K. Paul, learned counsel for the petitioner submits that the petitioner passed the High School Leaving Certificate (HSLC) Examination in the year 1978. In the said HSLC examination pass certificate, the age of the petitioner as on 01.03.1978 is recorded as 20 (twenty) years 2 (two) months and 9 (nine) days. The petitioner was thereafter, appointed as Section Assistant. The petitioner joined as Section Assistant on 10.08.1981 in the PWD (R&B) at Hamren, Diphu. The petitioner also underwent training in the year 1985 and thereafter, he was promoted as Sub-Engineer Grade-II in the year 1987 and was posted at Diphu. The petitioner was again promoted to Sub-Engineer Grade-I in the year 2014 and he joined to the said post on 25.09.2014. While entering service, the date of birth of the petitioner was recorded as 01.07.1956 in his service book. It is submitted that in terms of the age recorded in the HSLC pass certificate, his date of birth should have been recorded as 22.12.1957 and his date of retirement should have been 31.12.2017. It is also submitted that the error that was committed while recording his date of birth in his service book by the respondents was noticed only when the authority concerned asked him to prepare for going on superannuation on 31.07.2016. Therefore, the petitioner immediately brought to the notice of the respondents that he is due to retire on 31.12.2017 and not on 31.07.2016 based on the date of birth recorded in his HSLC pass certificate.;


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