DEPUTY INSPECTOR OF SCHOOLS Vs. KHALILUR RAHMAN BORBHUIYA

JUDGEMENT

(1.) The order dated 22.12.2000, and the Judgment and Order dated 24.11.2003, passed in WP(C) No. 7193/2000, are in challenged in this appeal. The learned Single Judge by the interim order, dated 22.12.2000, suspended the operation of the order, dated 25.08.1999 and 17.09.1999, and by judgment and order dated 24.11.03 the learned Single Judge, while allowing the writ petition, allowed the writ petitioner to continue with his service on the basis of the date of birth shown in the service book as on 01.01.1947. The relevant facts leading to filing of this appeal by the appellant may, briefly, be stated as under:

(2.) The writ petitioner was serving as a teacher in No. 1856 Dighal Khal L.P. School. By his letter, dated 25.08.99, the Block Elementary Education Officer, Katigorah, Kalain, informed him that though he was due to retire on superannuation on 31.03.1998, the petitioner was continuing with the service on the basis of unauthentic age proof certificate. Therefore, by the said letter the petitioner was directed to produce the original age proof certificate and till then his pay was help up. Subsequently, vide letter dated 17.09.90, the Block Elementary Education Officer, Katigorah, Kalain, served the writ petitioner with a notice of superannuation informing him that his actual date of retirement was 31.03.1998 and as such he should refund the entire amount already drawn w.e.f. 31.03.1998.

(3.) According to the writ petitioner as per the reconstructed service book, his date of birth being 01.01.1947 he was not due for superannuation on 31.03.1998. Accordingly, the petitioner submitted representations before the District Elementary Education Officer Cachar District, as well as the Departmental Secretary at Dispur, placing before the state authority various documents including his school certificate.