SUKHAMOY BHATTACHARJEE Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. A.M. Lodh, learned counsel for the petitioner as well as Mr. P. Dutta, learned counsel for the State respondents.

(2.) The petitioner Sri Sukhamoy Bhattacharjee joined the Police Department, Government of Tripura as a constable on 15.7.52. Initially in the service book, the petitioner's date of birth was recorded as 1.6.33 subsequently on the basis of school final examination passed by the petitioner the date of birth was changed to 1.5.39. In the graduation list published in 1982(Annexure-2) the petitioner's date of birth was recorded as 1.5.39 as shown in the School Final Certificate. In the provisional gradation list published in 1988, again the date of birth of the petitioner was shown as 1.6.33. The petitioner made representation to the department which was rejected treating 1.6.33 as petitioner's date of birth. The petitioner was retired from service in the year 1991.

(3.) On 15.7.52 when the petitioner joined the service, if the petitioner's date of birth is taken as 1.5.39, the petitioner was aged 13 years only at that time. A specific query has been made from the learned counsel for the parties about the recruitment age existing in the year 1952. But the learned counsel for the parties could not point out any such service rules or Government notification. The fact remains that the petitioner joined the service according to him at the age of 13 years only.