PHULATON GOGOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M. Khan, learned counsel for the petitioner. Also heard Mr. P. Bora, learned Standing Counsel, Elementary Education Department and Mr. B. Gogoi, learned Standing counsel, Finance Department.

(2.) The petitioner has challenged the impugned letter dtd. 8/8/2024 issued by the Deputy Inspector of Schools, Sadiya Chapa-khua, by which the petitioner had been directed to retire from service on 30/9/2020 in terms of his date of birth recorded in his High School Leaving Examination Certificate and Admit Card. By the said letter, the petitioner was also requested to return the monthly salary received from 1/10/2020 to 30/6/2024 or else, his pension documents were not going to be processed.

(3.) The petitioner's case is that the petitioner passed the H.S.L.C. examination in the year 1980 under the Board of Secondary Education, Assam. However in the HSLCE Certificate and Admit Card, his birth was wrongly recorded as nineteen years six months and 0 days as on 1/3/1980. The same therefore meant that the petitioner's date of birth, in terms of his H.S.L.C.E. Certificate and Admit Card was 1/9/1960. The petitioner's further case is that his correct date of birth was 13/1/1965.