LACHIT BORA Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS application under Article 226 of the Constitution of India has been filed challenging the legality and validity of the order by which the Petitioner was superannuated holding that he had attained the age of retirement. The Petitioner submits that on the strength of his school certificate (Annexure -1) he was to serve for another period of 10 years and he was not to retire on 1.7.90 as was done by the authority. The Petitioner slates that in his service book the authority did not record his date of birth correctly on the basis of school certificate.

(2.) I have heard Mr. AS Choudhury, learned Advocate for the Petitioner. None appears for the Respondents. No affidavit -in -opposition has been filed and no record has been produced. The matter regarding correction of age of Govt. servant is decided in a number of cases but I only rely in a case reported in : AIR 1993 SC 2647 Secretary and Commissioner Home Deptt. v. R. Kirubakaran wherein the Supreme Court pointed out as follow:

(3.) THIS being the position of law I do not find that there is any merit to interfere with the order of the authority. Accordingly, this writ application is dismissed. The grievance of the Petitioner is that according to school certificate he was to serve for another 10 years of service. The Petitioner may file representation before the authority and the authority may consider and dispose of it in accordance with law.