CHAKRESWAR KALITA Vs. STATE OF ASSAM AND OTHERS

JUDGEMENT

(1.) Heard Mr. P.D. Gogoi, learned Counsel for the appellant and Mr. H. Roy, learned Senior Counsel assisted by Mr. D. Bhattacharjee, learned Standing Counsel, Assam State Electricity Board (for short, 'A.S.E.B.') appearing on behalf of the respondents.

(2.) This writ appeal is directed against the judgment and order dated 10.3.2004 passed by learned Single Judge in W.P. (C) No. 4850/02, dismissing the writ petition preferred by the appellant holding that the appellant/petitioner cannot be permitted to reopen the question of correction of his date of birth as he submitted representation only a few months before his retirement when the office memorandum dated 12.8.1991 categorically provided that an application for correction of date of birth shall not be entertained unless filed within three years next before the date of superannuation.

(3.) On close perusal of the material available on records so placed before us by learned Standing Counsel for the respondents and after going through the impugned judgment and order dated 10.3.2004, it appears that the appellant's date of birth was recorded as 1.5.1944 in the service book and the same was duly signed by the appellant. Further, it is seen from the averments made in the memo of appeal that the appellant agitated the matter before the competent authority before the date of retirement i.e. 30.4.2002 by filing representation only on Sept., 2001. which clearly goes to show that the appellant approached the authority only within the period of three years before his date of superannuation and that too at a belated stage.