DEBENDRA NATH RAJBONGSHI Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. D. Choudhury, learned counsel for the petitioner. Also heard Ms. H.M. Phukan, learned State Counsel, I have also heard Mr. C. Baruah, learned Standing Counsel, Office of the Accountant General, Assam.

(2.) THE petitioner, who has since retired from service w.e.f. 30.9.2010, has filed this writ petition assailing the validity of the Annexure-4 communication dated 8.12.2010 by which the office of the Accountant General has directed the Divisional Forest Officer, Social Forestry Division, Golaghat to recover pay and allowances which have been paid to the petitioner for the period from 1.10.2006 to 30.9.2010. According to the respondents, the petitioner over- stayed in service by withholding / misrepresenting his actual date of birth, which according to the respondents is 29.9.1947, as per the HSLC certificate. However, while there was inadvertent mistake on the part of the Dealing Assistant to record the same as 29.9.1950, at the same time the petitioner also did not point out that there was mistake in recording the said date of birth in the Service Book.

(3.) MR . D. Choudhury, learned counsel for the petitioner submits that there was no misrepresentation on the part of the petitioner and there was bonafide mistake on his part to think that his date of birth is 29.9.1950. On being pointed out that on the basis of the age recorded in the HSLC certificate dated 11.6.1966, the petitioner's age was 18 years 5 months and 02 days as on 1.3.1966 and thus his date of birth is 29.9.1947, Mr. Choudhury, learned counsel for the petitioner submits that as in the case of the respondents and to be more precise, the Dealing Assistant in the particular office, there was also bonafide mistake on the part of the petitioner to think / calculate his date of birth as 29.9.1950.