SONARAM PATHAK Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S. Bora, learned counsel for the petitioner and Mr. P. Naik, counsel for the respondents.

(2.) The petitioner, who was appointed as a master-roll worker on 1/5/1989, was regularized on 17/10/2005 as per the then existing policy of the respondent authorities requiring the regularization of those master-roll workers who were appointed prior to 1/4/1993. The petitioner was regularized along with several other master-roll workers and subsequent to the regularization, the respondent authorities had noticed the discrepancy in the record of the date of birth of some such master-roll workers, who were regularized. Accordingly, a process was initiated for rectification of the date of birth where discrepancies might have occurred.

(3.) In the rectification process, the claim of the petitioner was also entertained leading to a communication dtd. 9/5/2006, purportedly of the Assistant Executive Engineer, Boko addressed to the Executive Engineer, PWD, Guwahati. In the said unsealed handwritten communication, the Assistant Executive Engineer forwards certain statement showing anomalies as regards the date of birth of the regularized master-roll workers. In the statement so forwarded, the name of the petitioner also appeared, wherein the actual date of birth was indicated as 10/3/1964, whereas the date of birth recorded was shown as 31/5/1956. By the communication dtd. 29/8/2015, the petitioner was served with a superannuation notice, which provided that he would superannuate on 31/5/2016. The said superannuation notice is assailed in this writ petition on the ground that the superannuation notice was based on the incorrect recording of the date of birth of the petitioner to be 31/5/1956 and not the correct date of birth, which is claimed by the petitioner to be 10/3/1964.