NIRANJAN SAHU Vs. STATE OF NAGALAND

JUDGEMENT

(1.) Heard the learned counsel for the Parties.

(2.) The petitioner was appointed in the Department of Power, Govt. of Nagaland on 21.9.1969 as W/C Jugali Gr-III under the respondent No.5. Later on the petitioner became W/C Assistant Lineman in the said department. Initially the petitioner's date of birth was recorded in the service records as 16.9.1950 at the time of appointment of the petitioner. That in the seniority list dated 22.11.78 published by the department the petitioner's name appeared at Sl. No.7 and the petitioner's date of birth was recorded as 16.9.1950. The department published another seniority list of its employees dated 20.4.81 wherein the petitioner's name appeared at Sl. No.3 of W/C Assistant Lineman and his date of birth has been shown as 16.9.1950. It is the case of the petitioner that his father late Utsab Sahu was also serving in the same department where the petitioner is serving and his father's date of birth has been shown as 3.5.1927 in the seniority lists dated 22.11.78 and 20.4.81. His father retired taking into consideration his date of birth, strangely, the petitioner's service has been terminated on the plea of his attaining the age of superannuation of 57 years and by the impugned order dated 18.2.98 he has been released from service w.e.f. 30.9.97. It is the case of the petitioner that as per his correct date of birth i.e. 16.9.1950, he-has not reached the age of superannuation of 57 years on 18.2.98.

(3.) At the time of admission of the writ petition on 24.8.2001 notice was accepted by the learned Addl. Sr. Govt. Advocate on behalf of the State. Till today no counter has been filed by the State denying the allegations made by the petitioner. Thus it can be safely assumed that the allegations made in the writ petition are admitted by the respondents.