GAJENDRA KAKTI Vs. STATE OF ASSAM

JUDGEMENT

(1.) The petitioner by way of this petition as challenged the order of the Assam Administrative Tribunal. Guwahati dated 4.7.98 in which it has been held that the date of birth of the petitioner was 1st August. 1937 and not 1.4.1943. The petitioner was submitted in the writ petition that he was initially appointed as Electrical Jogali in the pay scale of Rs. 80/- vide appointment letter dated 7.5.65 (Annexure-A). Thereafter he was promoted to the post of work-charge Electrical Mistry vide office order dated 14.11.19801 of the Executive Engineer, PWD. Guwahati (Annexure-B). Thereafter he was brought under regular cadre as Electrical Mistry viide Annexure-C with effect from 15th December, 1986. It is further the case of the petitioner that he was confirmed as Electrical Mistry vide order dated 3.3.93 (Annexure-D) and after regularisation of his services he was allowed to put his signature in the service book. According to the direction of the Head Assistant of the concerned office till that time. the petitioner was never advised to produce age certificate for his date of birth. Even at the initial stage of his appointment, he was never directed to submit any age certificate. It is further his case that he is illiterate. It has further been averred in the writ petition that after confirmation of the service of the petitioner he was directed by the Head Assistant to submit his age certificate and affidavit which he did. According to him, his date of birth was on 1.4.43 but it was to his utter surprise that he was shown to have retired on 31.7.95 as his date of birth was shown as 1st August, 1937 in the Service Book. The factual; position as narrated by the petitioner has been denied by the respondent before the Tribunal. May be no affidavit-in-opposition has been filed in the present case, it would not make any difference as this court has got the benefit of the order of the Tribunal who has gone into question of fact as to what is the exact date of birth of the petitioner. The learned tribunal after minutely examining the entire documentary evidence on record has come to affirm conclusion that the date of birth of the petitioner was 1 st August, 1937 as was recorded in Service Roll. The relevant observations of the learned Tribunal are reproduced below:-

(2.) The counsel for the petitioner while attacking the aforementioned findings of the Tribunals has vehemently argued that uptil the year 1994 when service book was opened by the department, the petitioner was never asked to furnish any proof regarding his age and it was for the first time in the year 1994 that the petitioner was asked to produce the school leaving certificate and affidavit which he did.

(3.) I have given my deep thought to the arguments of the counsel for the petitioner but the same is not acceptable for more than one reason. On an earlier occasion when the case was heard by me, I thought it appropriate to ask the State counsel to produce the original service roll which has been produced today. Service Roll opened at the time of entry into service mentioned as many as ten (10) columns and the form appears to have been prepared under Financial Rules 162 sub-rule (6). In column No. 5 of the printed form the words date of'birth' by Christ era are printed and therein it has been written 1st August, 1937. This service roll in original pertains to inferior service. After seeing the original service roll I am feeling more than satisfied. that the same can be relied upon for coming to a final conclusion about the date of birth of the petitioner. There cannot be any manner of doubt that this court while deciding a writ petition is not to sit in judgment as an appellate; court over the order of the tribunal. The tribunal has recorded a firm finding of fad after appreciating entire evidence. Above all service rolls appeared to be part and parcel of the service book which is ultimately opened for a Government servant after his services are regularised and this appears to be the mandate of fundamental rules 162 (6) which reads as follows :- "162(6) The term "service book" includes "service roll", which is maintained in Financial Rule For No. 16 and 16-A."