LOKSHESWAR @ LAKHESWAR DAS Vs. ASSAM STATE ELECTRICITY BOARD

JUDGEMENT

(1.) HEARD Mr. R. Sarma, learned counsel for the petitioner as well as Mr. D. Nath, learned counsel representing respondent Nos.1, 2, 3 & 4. Also heard Mr. N. Upadhyay, learned Government Advocate, Assam representing the respondent No.5 and Mr. C. Baruah, learned Standing Counsel, A.G. for the respondent No.6.

(2.) WAY back on 10.10.1973, the petitioner Sri Loksheswar @ Lakheswar Das was appointed as regular Jugali under Bokakhat Electrical Sub -Division under the control of the respondent no.1. In course of his service he was promoted to the post of Lower Division Assistant and from that post he retired from service on attaining the age of superannuation. The present dispute is with regard to the date of birth and the date of retirement of the petitioner which, according to the respondents were 01.09.1949 and 31.07.2009 respectively. According to the petitioner, his date of birth and date of retirement are 01.04.1952 and 30.04.2012. The stand of the respondents is that the petitioner had overstayed in service for the period from 01.08.2009 to 30.04.2012 and as per the Board's Order dated 04.09.2012 the excess salary drawn by the petitioner is liable to be recovered from his post retirement benefits minus admissible pension.

(3.) TO elaborate certain relevant facts, the Service Book of the petitioner had initially recorded his date of birth as 01.08.1949 and this Service Book was opened on 10.10.73 containing the signature of the petitioner, counter signed by SDO, Bokakhat Electrical Sub -Division. The said date of birth was corrected on 19.05.1989 according to the petitioner's HSLC Examination Certificate No.5882 of 1975 as 01.04.1952. The said correction was made under the signature of a higher authority i.e. the Executive Engineer, Golaghat Electrical Division. The petitioner continued to work all along and at no point of time prior to his superannuation from service, any questions had been raised by the respondents' authority disputing his date of birth. As the petitioner's date of retirement was nearing, a letter was issued by the Assistant General Manager, Golaghat Electrical Division dated 29.10.2011, informing the petitioner that as per Service Records he will be attaining the age of superannuation on 30.04.2012 (A/N). This was followed by another letter dated 30.04.2012 of the Deputy Manager, Bokakhat Electrical Sub -Division, acknowledging his date of retirement as 30.04.2012 (A/N) and appreciating his service rendered to the Board. An Office Order dated 23.5.12 came to be issued authorising payment of a sum of Rs.6,47,252/ - in favour of the petitioner who had retired on 30.04.2012. The said amount was the amount lying to his credit in the GPF Account No 3684 including interest upto May 2012.