TOCHIMONG YIMCHUNGER Vs. STATE OF NAGALAND

JUDGEMENT

(1.) THIS writ appeal is directed against the judgment and order dated 20/5/2009 passed by the learned Single Judge in WP (C) 175(K)08 dismissing the writ petition and thereby upholding the decision of the respondents that the petitioner (appellant herein) retired from service on attaining the age of superannuation of 57 years w.e.f. 30/6/2005. Be it stated here that the retirement age in the State of Nagaland is either 60 years of age or 35 years of service, whichever is earlier. On that basis on completion of 35 years of service, the appellant claims that he was prematurely made to retire w.e.f. 30/6/2005 instead of 31/12/2010, on which date he would complete 35 years of service. Be it also stated here that there is no dispute that in the Service Book, the date of birth of the petitioner stands recorded as 15/6/1961 and the same has not been altered till date. The petitioner/appellant would attain the age of 60 years on that basis on 15/6/2021.

(2.) THE petitioner had occasion to file the instant writ petition when he was released from service w.e.f. 7.10.2005 purportedly on attaining the age of superannuation age of 57 years w.e.f. 30/6/2005. Same was done by order dated 7/10/2005. For a ready reference, the order is quoted below :-

(3.) AFTER the aforesaid development, the petitioner sworn an affidavit in which statement was made that in some of the seniority lists, his date of birth was wrongly entered as 1.7.1948 instead of 15.6.61. According to the petitioner he had submitted the said affidavit to the authority. By letter dated 18.9.06 addressed to the Additional Chief Secretary, Nagaland by the Commandant Village Guard, Tuensang, it was intimated that no records relating to appointment of the petitioner were available in the office and that he was promoted to the post of Jamadar w.e.f 12.8.04 after the particular bifurcation. It was also intimated that according to the petitioner he had joined in Village Guards' service on 1.1.1976 and his date of birth is 15.6.1961 and accordingly when he had joined the service, he was below 15 years of age. Thereafter, Dy. Commandant, Village Guard, Kiphire, by his letter dated 29.7.2007 submitted details of service records of the petitioner with reference to his service and confirmed that his date of birth is 15.6.1961.