THULESWAR HAZARIKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr H.G. Baruah, learned counsel for the petitioner and Mr P.S. Deka, learned Government Advocate, Assam for the respondents.

(2.) By filing this petition under Article 226 of the Constitution of India, petitioner seeks quashing of retirement notice dated 02.07.2015, issued by the Superintendent of Police, Nagaon, informing the petitioner that he would retire from service w.e.f. 31.01.2016. Further prayer made is to allow the petitioner to continue his service up to 31.01.2017 as per his correct date of birth.

(3.) Case of the petitioner as projected in the writ petition is that he had passed the High School Leaving Certificate (HSLC) Examination under the Board of Secondary Education, Assam (SEBA) in the year 1976 and as per the HSLC pass certificate dated 12.07.1976, issued by the SEBA, petitioner was 19 years 1 month 11 days as on 01.03.1976. He was appointed as Circle Organizer, Village Defence Organisation, in which capacity he continued to render service. An order dated 10.12.2014 was issued by the Superintendent of Police, Village Defence Organisation, Nagaon, whereby it was stated that in view of the age of the petitioner as per HSLC pass certificate, he would retire on attaining the age of superannuation on 31.01.2017. This was informed by the Superintendent of Police, Village Defence Organisation, Nagaon to the Additional Director General of Police (A), Assam, on 10.12.2014. In the said letter, it was however stated that as per service book of the petitioner his date of retirement is 31.01.2016. On scrutiny of the HSLC pass certificate, it was found that actual date of superannuation of the petitioner would be 31.01.2017 instead of 31.01.2016. It was further stated that at the time of opening of his service book, the date of birth of the petitioner was recorded as 14.01.1956. Accordingly, views of the higher authority were sought for by the Superintendent of Police.