NITIN GOBA Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Heard Mr. C. Modi, learned counsel for the petitioner and Ms. P. Sangeeta, learned Govt. Advocate representing all the respondents.

(2.) This writ petition has been directed against the Office Memorandum dated 27.10.2017, issued by the Assistant Inspector General of Police (E), PHQ, Headquarter, Itanagar, Arunachal Pradesh vide No.PHQ/Admn/163/2014, by which order, the petitioner's date of birth has been recorded as 30.12.1959.

(3.) Assailing the aforesaid impugned O.M. dated 27.10.2017, the petitioner contends that he was appointed as a Constable in the Arunachal Pradesh Police on 19.04.1979. At the time of his appointment, the petitioner had submitted a School Leaving Certificate dated 28.01.1979 from Harmati Govt. Aided High School, P.O. Harmati, North Lakhimpur, (Annexure-II to the writ petition) in support of his age, wherein the age of the petitioner was shown to be 17 years 6 months on the date of leaving the school i.e., on 30.06.1978. On the basis of the certificate submitted by the petitioner, the respondent authorities in the service book of the petitioner entered the date of birth of the petitioner as 30.12.1959, and age on enrolment as 18 years 3 months and 19 days. According to the petitioner, at the time of his appointment, the petitioner was aged 18 years 3 months and 19 days, as highlighted in the "age on enrolment" in the Service Book and accordingly, his date of birth ought to have been recorded as 30.12.1960. However, the respondent authorities instead of reckoning the date of birth of the petitioner as 30.12.1960 for the purpose of retirement from the service has incorrectly reckoned the date of birth of the petitioner as 30.12.1959 and on the basis thereof, the petitioner has been superannuated from the service on and from 30.12.2017.