JOGESHWAR BARUAH Vs. STATE OF ASSAM & ORS.

JUDGEMENT

(1.) Heard Mr. D Das, learned counsel for the appellant and Mrs. B. Goyal, learned Govt. Advocate for the respondents on admission of this writ appeal.

(2.) This intra-court appeal is directed against the order dated 16.12.2015 passed by the learned Single Judge of this Court whereby, he has dismissed the appellant's WP(C) No. 2414/2015.

(3.) In 1973, the appellant had appeared in the High School Leaving Certificate Examination conducted by the Board of Secondary Education, Assam. As per the matriculation certificate issued by the Board, his age, as on 1.3.1973, was 17 years 11 months, meaning thereby that his date of birth was 31.3.1955. After about more than 10 years, the appellant appeared before the Assam Public Service Commission in the Combined Competitive Examination. He, in the application submitted for examination, disclosed his date of birth as 31.3.1955. Not only this, when he entered Government service, in the service book also his date of birth was recorded as 31.3.1955. On the basis of this entry made in the service book his date of retirement was 30.4.2015. It is to be noted that the appellant is well educated and has served the State of Assam on the posts of Additional Deputy Commissioner and Joint Secretary to the Govt. of Assam, Sports and Youth Welfare Department. And at the fag end of his career i.e. one year prior to the date of retirement, he made a representation for correction of his date of birth. He submitted therein that his correct date of birth is 26.3.1957 and not 31.3.1955. The representation however was rejected on the ground that under Rule 8(c) of Fundamental Rules and Subsidiary Rules request for correction of date of birth should not be entertained within 3 years of superannuation.