DIMORESON JANA Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) The petitioner by this instant writ petition seeks a mandamus for correction of the Date of Birth which he claims was recorded as 26.12.1958, instead of 26.12.1962. The further case is that the petitioner had submitted all the required documents but the respondents did not cause the same to be corrected compelling him to come before this Court.

(2.) Mr. S. Kumar, learned counsel for the petitioner submits that the writ petitioner was serving in the office of the Child Development Officer, I.C.D.S. Project, Umsning, Ri-Bhoi and has been in service from 01.03.1989. He submits that as per the H.S.L.C. certificate he would be due for superannuation in December, 2020 but he had been made to retire in December 2017. The learned counsel draws the attention of this Court to the certificate issued by the Meghalaya Board of School Education (MBOSE) dated 03.07.1978 and also the Admit Card indicating that the Date of Birth is 26.12.1962. He further submits that in the Draft Gradation List dated 21st August, 2013, against his name, no date of birth is shown. He submits that therefore as no date was shown, the petitioner informed the authorities about the correct date of birth and had also submitted the required testimonials, but however, the date of birth was never corrected, and as a result he had been made to retire prematurely. Learned counsel therefore prays that the respondents having illegally retired the petitioner from service, they are liable to be directed to record the correct date of birth in the service book of the petitioner and consequently allow him to re-join service until he attains the age of superannuation.

(3.) Per contra, Mr. H. Kharmih, learned GA for the respondents submits that the bio data of the Government employee is recorded in Part- I of the Service Book on the basis of the information given by the employee at the time of joining service. He submits that the date of birth, therefore, as shown in the Service Book will be the correct date of birth, more so, when the petitioner at the time of joining, had accepted the same, signed it and the document was also duly authenticated which shows that his Date of Birth is 26.12.1958.