RAMEN SARMAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) By this writ application the petitioner seeks a declaration that his date of birth as recorded in the matriculation certificate is 01.08.48 and not 01.03.46 as recorded in the service book and for issuance of a consequential direction to the respondents to treat the service of the petitioner on that basis.

(2.) The facts narrated in the writ petition are that the petitioner entered the service of Assam Secretariat as LDA on 07.09.74. According to school and matriculation certificate, the age of the petitioner was 14 years, 7 months and 1 day as on 1st March, 1963. However, the age of the petitioner was recorded as 17 years as on 1st March, 1963 in the matriculation certificate issued by the Gauhati University in the year 1963. The petitioner noticing the mistake applied before the University Authority for correction of his age recorded in the matriculation certificate and the same was dully corrected rewriting the age of the petitioner as 14 years, 7 months and 1 day in place of 17 years as on 1st March, 1963. It is on that basis the petitioner claims his date of birth to be 01.03.46 instead of 01.08.48 as recorded in his service book.

(3.) According to the petitioner he came to know about the wrong recording of his date of birth in his service book on the basis gradation list published sometime in 1989. He made a representation on 31.08.89 for correction of his date of birth as recorded in the service book. The claim of the petitioner for such correction of date of birth was rejected and the same was communicated to the petitioner by a letter dated 26.09.95. However, on the basis of further representation submitted by the petitioner, certain informations had been sought for from him by the respondents, but the same did not yield the desired result. The petitioner has been made to retire from his service on attaining the age of superannuation taking his date of birth as 01.03.46.