JADAB CHANDRA MAZUMDAR Vs. THE STATE OF ASSAM AND OTHERS
LAWS(GAU)-2018-4-99
HIGH COURT OF GAUHATI
Decided on April 05,2018

Jadab Chandra Mazumdar Appellant
VERSUS
The State Of Assam And Others Respondents

JUDGEMENT

HRISHIKESH ROY,J. - (1.) Heard Mr. A. Matin, the learned Counsel appearing for the petitioner. The respondent Nos. 1 - 5 are presented by Mr. B. Goswami, the learned Addl. Advocate General, Assam. The Board of Secondary Education (SEBA) is not a formal party but on Court's request, Mr. T.C. Chutia, the learned Standing Counsel, SEBA has been appearing in this case. The SEBA has also filed their affidavit on 2.8.2013 and the additional affidavit on 13.6.2014.
(2.) The petitioner served as a Khalasi (R) in the Palasbari Gumi Project (WR) Division, Mirza. The employee was made to superannuate at the age of 60 years and the moot question is whether the employee's date of birth is 7.6.1949 or is 1.3.1957 as acted upon by the department, to retire him by the letter dated 16.7.2010 (Annexure-8).
(3.) In the Service Book (Annexure-6), the petitioner's birth date is shown as 1.3.1957 (Page-22) with the comment that it is based on an affidavit. The date in the Service Book was disregarded and the employee was forced to retire through the impugned communication dated 16.7.2010 (Annexure- 8), which takes into account the other birth date (7.6.1949).;


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