PRABODHCHANDRA HAZARIKA Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) The letter/notice of premature retirement dated 21.11.2005, curtailing service period of petitioner for about 3 years, with effect from 31.1.2006 is under challenge before this Court. Being Aggrieved by the aforesaid letter/notice of retirement, the instant petition has been filed by the petitioner, seeking a writ, in the nature of mandamus, directing the respondent to recall/rescind/cancel/forbear from giving effect to the impugned letter/notiice dated 21.11.2005 and also to issue a writ in the nature of certiorari for quashing the aforesaid letter/notice dated 21.11.20)05, and to allow him to continue till he actually superannuate on the basis of corrected date of birth in the Matriculation Certificate, issued by the Gauhati University in the year 1972, which was duly received by the employer respondents, as it would reveal from the Salary Sheets, Income Tax Project Statements, Provident Fund Statements including the Seniority lists, published from time to time and the communication dated 10.11.2003 (Annexure-7 to the writ petition), sufficiently demonstrating the admission on the part of the employer that, the corrected Matriculation Certificate issued by the Gauahti University, was furnished for correction of date of birth in the service record which, however, alleged to have not been accepted by the competent authority asking him to give details for further action and the details as desired having been furnished; without determining the factum of correction of date of birth, the impugned notice has been issued, as aforesaid, which is the subject matter in this writ petition. It is therefore, evident that the writ petitioner herein, is not demanding the correction of his date of birth, but he is challenging the impugned notice of superannuation dated 21.11.2005, issued on the basis of the date of birth contained in the Matriculation Certificate submitted at the time of initial appointment, which was subsequently corrected and accepted by the employer.

(2.) Heard Mr. K. K. Mahanta, learned Senior Advocate for the petitioner, assisted by Mr. R. Duarah, Advocate. Also heard Mr. S. Dutta, learned counsel for the respondents.

(3.) In order to appreciate the facts pleaded and established in this writ petition a brief fact is required to be narrated : Admittedly, the writ petitioner joined initially the Sterling General Insurance Company Ltd., on 7.2.1970. At the time of entry, into the said Company his service book was prepared and the date of birth was recorded as 17 years 1 month as on 1.3.1963. The Gauhati University issued a Public Notice regarding correction of age entry in the Matriculation Certificate which was published in the Assam Gazette, dated 27th August, 1969. In pursuance to the said Public Notice, the petitioner had approached the University authority for correction of his date of birth and accordingly, his date of birth was corrected as 14 years 20 days as on 1.3.1963 and certificate had been issued correcting the date of birth which has been annexed in the writ petition.