Decided on December 10,2018

Prasanna Kumar Talukdar Appellant
State Of Assam And 5 Ors Respondents


Achintya Malla Bujor Barua, J. - (1.) Heard Mr. S. Khound, learned counsel for the petitioner. Also heard Mr. G. Baishya, learned counsel for the Accountant General, Assam and Mr. K. Gogoi learned counsel for the authorities under the Higher Education Department.
(2.) The petitioner who was appointed as a Junior Assistant in the Pub Kamrup College superannuated from service as an UDA in the same college. The grievance of the petitioner is that upon his superannuation he is paid the pensionary benefit as per the scale of pay applicable by taking his date of retirement to be 31.12.2003 whereas, according to the petitioner his date of retirement under the law ought to have been 31.01.2005. According to the petitioner, his matriculation certificate shows his age to be as 17 years 2 months as on 01.03.1963.
(3.) The first contention raised by the petitioner is that when the date of birth in the matriculation certificate is shown to be as on 01.03.1963, the date of birth under the law would be the second day of the concerned month and not the first day. Accordingly, the date of birth of the petitioner is to be calculated as on 02.01.1946 and not 01.01.1946 as has been done by the respondent authorities. To that extent, a decision rendered by this court dated 18.01.2006 in Nagenra Nath Talukdar -vs- State of Assam and Others reported in,2009 1 GLR 781 has been relied upon. In the said decision, the concerned person had completed 14 years 1 month as on 1.3.1955 and accordingly, it was held that he has to be treated to be born on 02.02.1941 and not 01.02.1941. By applying the same proposition according to the petitioner in the present case his date of birth has construed to be 02.01.1946 and not 01.01.1946. In Nagendra Nath Talukdar by relying upon the provision of F.R56, it has also been held that if the date of birth is 2nd day of the month or thereafter, the date of superannuation of the concerned employee will be the last day of the particular month when he will attain the age of superannuation.;

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