BHAGIRATH PATOWARI Vs. GAUHATI UNIVERSITY

JUDGEMENT

(1.) IN this application under Article 226 of the Constitution, the petitioner has challenged the decision of the Executive Council (Special) of the Gauhati University held on 24. 3. 2000, wherein the correction of age of the petitioner was set aside and it was held that the date of birth of the petitioner is 1. 4. 1936 and he was deemed to have been superannuated on 31. 3. 1996.

(2.) THE petitioner before us had passed his Matriculation Examination in the year 1955 from Chamata Govt. Aided High School and therefore he joined as L. D. A. in the Office of the Executive Engineer, P. W. D. , Guwahati Division and worked from 12. 11. 56 and thereafter he became Asstt. Divisional Accountant on 1. 1. 62. The petitioner thereafter joined the service of the Gauhati University in the year 1963. The petitioner served the Gauhati University in various position and he was appointed as Deputy Treasurer in the year 1991. In the year 1995 the petitioner was appointed as a Treasurer of the Gauhati University for a period of 5 years and from the date of joining of till attaining the age of 60 years. The petitioner joined his duties as a Treasurer on 1. 1. 95. Sometime, in the year 1997 a show cause notice was issued to the petitioner and there was a long drawn battle between the University authorities and the petitioner and there was litigations between the parties and petitioner approached this Court earlier also.

(3.) THE case of the petitioner is that the date of birth in the Matriculation Certificate was wrongly recorded as 18 years 11 months as on 1. 3. 55; whereas his actual date of birth was 1. 4. 1936. The petitioner thereafter applied for correction of his age and the said age was corrected in the Matriculation Certificate by the concerned authority. The impugned order is dated 24. 3. 2000. It may be mentioned here that vide the order dated 3. 2. 2000 passed in C. R. 6307/98, this Court had directed the Gauhati University to take a final decision in respect of the age of superannuation of the petitioner. As per the Rules of the Gauhati University, the age of superannuation of an employee of the University is 60 years. The relevant portion of the resolution placed before the Executive Council reads as follows :<FRM>SAURAS0_689_GAULTSUPP1_2006.HTM</FRM> The Resolution adopted by the Council reads as follows :-