SYED MOZIBAR RAHMAN Vs. STATE OF MEGHALAYA AND ORS.

JUDGEMENT

(1.) THE petitioner's case in a nutshell is that:

(2.) MR . A. Khan, learned counsel appeared for and on behalf of the petitioner and in support of the petitioner's case submits that, the petitioner entered service in the year 1973 in the office of the Sub -Divisional Office P.W.D. (R & B), Umsning Jagiroad Subdivision. According to the petitioner, his date of birth is 01.10.1952. If the date of birth is 01.10.1952 then, he is supposed to retire on 30.09.2010, but in this instant case the petitioner was asked to retire on 30.09.2007 and accordingly, he took retirement. In support to his submission, he relied on the admit card which is at Annexure -X page 29 annexed with the instant writ petition. The said admit card was issued by the Board of Secondary Education Assam, Guwahati which shows that, the High School Leaving Certificate Examination was commenced on 12.03.1968 and the petitioner's age as on 1st March, 1968 was 15 years 5 months.

(3.) AFTER hearing the submissions advanced by the learned counsel at Bar, I have gone through the case record placed before me and while going through the Service Roll for Inferior Servants, I noticed that, there are two date of births found mentioned in the said Service Roll. One is 01.10.1952 and the other is 01.10.1949. This is really confusing. However, to find the truth, I further examined the admit card issued by the Board of Secondary Education Assam, Guwahati (Xerox Copy) which is at Annexure -X page 29 of the writ petition, wherein, it is clearly mentioned that the date of birth of the petitioner as on 01.03.1968 was 15 years 5 months. However, this court has asked the learned counsel for the petitioner to produce the original admit card. He submitted that, it has been lost, and he was also asked whether, he had made an attempt to get the duplicate copy of the admit card from the Board of Secondary Education Assam, Guwahati? He replied in the negative. The learned counsel for the petitioner also submits that no FIR was filed about the loss of the admit card. Now, to ascertain the discrepancies, I further examined the Formal Application for Pension/Gratuity signed by the petitioner on 20.12.2013 at Annexure -F (1) page 22 annexed to the counter affidavit of the respondents No. 1 -4. For easy reference the same is reproduced herein below: