NILUFAR ISLAM Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. I. Hussain, the learned counsel for the petitioner and Mr. K. Gogoi, the learned counsel appearing on behalf of the respondent Higher Education Department, Assam, i.e. the respondent Nos. 1 to 3. Also heard Mr. D. Deka, the learned counsel appearing on behalf of the respondent No. 4 and 6; Ms. D. D. Barman, the learned Additional Senior Government Advocate, Assam for the respondent No. 5 and Mr. S. K. Mazumdar, the learned counsel appearing on behalf of the respondent No. 7

(2.) The instant writ petition has been filed by the petitioner challenging the communication dtd. 11/6/2018 and the reference letter bearing No.DHE/PEN/270/2017/pt/5 dtd. 11/6/2018, for a direction to the respondent authorities to release the gratuity and leave encashment along with finalization and release of provisional pension as well as also for a direction upon the respondent authorities not to adjust the amount of salary which the petitioner has already received from 1/5/2014 to 30/4/2017 on the ground of overstay in service.

(3.) The facts of the instant case are that the petitioner did her schooling at Pine Mount School, Shillong and in the year 1972, she qualified in the Indian School Certificate Examination and a certificate was issued which has been enclosed as Annexure-1 to the writ petition. A perusal of the said certificate shows that the date of birth of the petitioner recorded therein was 20/4/1954.