MD FAIZUL HAQUE SON OF LATE MAJILA SHEIKH Vs. STATE OF ASSAM AND ORS ; DIRECTOR OF AGRICULTURE, ASSAM; DISTRICT AGRICULTURE OFFICER, DARRANG

JUDGEMENT

(1.) Heard Mr. B.D. Konwar, learned senior counsel assisted by Ms. A. Dutta, learned counsel for the petitioner. I have also heard Mr. S. Chamaria, learned Standing Counsel, Agriculture Department.

(2.) Here is an interesting case of appearing twice by the petitioner in the HSLC examination, once in 1969 and another in 1984 with 2(two) different dates of birth with wide variations. While as per the school records and the Admit Card issued for the 1969 HSLC examination in which the petitioner had appeared, he was born in 1949, but as per the 2nd HSLC examination and the Admit Card thereto of 1984 in which also the petitioner had appeared, he was born in 1965. It is the use of the Admit Card pertaining to 1984 HSLC examination by the petitioner withholding the earlier one of 1969, which has led to the present impugned order dispensing with the services of the petitioner on attaining the age of superannuation and ordering for recovery of excess amount drawn by over staying in service.

(3.) In the writ petition, the petitioner has not even obliquely stated about his appearing twice in the HSLC examinations in 1969 and 1984, unsuccessful on both the occasions with the declaration of two different date of birth. The petitioner, however, has challenged the impugned order dated 21.05.2013 (Annexure-8) of the Government of Assam in the Agriculture Department issued under the signature of the Commissioner and Secretary ordering for his immediate release from service since he had already attained the age of superannuation on 31.03.2011. There is also mention in the order about recovery of the amount the petitioner had already drawn by remaining in service unauthorisedly beyond the age of superannuation. As per the said order, departmental proceeding is also to be initiated against him.