DR. PRASANA KUMAR CHHOTARAY Vs. VICE CHANCELLOR, ORISSA UNIVERSITY OF AGRICULTURE AND TECHNOLOGY, BHUBANESWAR AND ANOTHER

JUDGEMENT

(1.) The petitioner was initially joined in the State Government in Agriculture Department under the Block Development Officer, Kendrapara-II in the year 1966. Thereafter, he was deputed to Orissa University of Agriculture and Technology (hereinafter referred to as "O.U.A.T.") from 07.12.1967 to discharge the duties and responsibility of Research Assistant, Department of Plant Pathology, College of Agriculture, Bhubaneswar, where he was absorbed permanently w.e.f 05.07.1970. The service book of the petitioner was opened by the B.D.O., Kendrapara-II at the time of his first appointment under Government. The date of birth, as had been recorded in the service book by the B.D.O., Kendrapar, was 09.09.1944. While he was working as Senior Research Assistant, his date of birth was corrected as 09.09.1941 taking into consideration the communications made by the Headmaster, Ananta Narayan High School, Narasinghpur vide his letter dated 16.05.2002 and also the Deputy Secretary, Board of Secondary Education, Orissa Cuttack vide letter dated 11.06.2002. Being aggrieved by the correction of date of birth from 09.09.1944 to 09.09.1941, relying upon the correspondences made by the Headmaster of Ananta Narayan High School, Narasinghpur as well as Board of Secondary Education, Orissa, Cuttack dated 18.05.2002 and 11.06.2002 respectively, the office order dated 12.06.2002 was issued retiring the petitioner w.e.f. 30.09.2001, which is the subject matter of challenge in this writ application.

(2.) Ms. S. Patnaik, learned counsel appearing on behalf of Mr. J. Patnaik, learned Senior Counsel for the petitioner states that correction of date of birth, as indicated in the service book from 09.09.1944 to 09.09.1941, has been done by impugned order dated 106.2002 in Annexure-1 all on a sudden without affording opportunity of hearing to the petitioner and the same has been done unilaterally relaying upon the report furnished by the Headmaster of Ananta Narayan High School, Narasinghpurm as well as Deputy Secretary, Board of Secondary Education, Orissa, Cuttack. It is contended that the retirement has been done with retrospective effect, i.e., 30.09.2001, which is not permissible under law. It is further contended that the order of retrospective retirement could not have been passed by the authority on the basis of the changed date of birth, which has been done without complying the principles of natural justice, as no opportunity of hearing was afforded the petitioner.

(3.) Ms. G. Patra, learned counsel appearing on behalf of Mr. P. Acharya, learned Senior Counsel for opposite parties states that the petitioner had manipulated his date of birth in the service record. To that effect a complaint having been received, an inquiry was conducted and on the basis of school record, as was reported by the Headmaster of the School, where the petitioner was prosecuting his studies, his date of birth was corrected as 09.09.1941, which has also been duly certified by the Board of Secondary Education, Orissa, Cuttack. As the petitioner by manipulating the service record had managed to record his date of birth as 09.09.1944, the same had been corrected and accordingly, he was directed to superannuate from service w.e.f. 30.09.2001 on attaining the age of superannuation of 60 years. Consequentially, the authority has not committed any illegality or irregularity in superannuating the petitioner from service w.e.f. 30.09.2001 taking into account the correct date of birth as 09.09.1941.