LAWS(GAU)-2016-5-46

THE BRAHMAPUTRA BOARD Vs. MD. TAIZUDDIN AHMED

Decided On May 12, 2016
The Brahmaputra Board Appellant
V/S
Md. Taizuddin Ahmed Respondents

JUDGEMENT

(1.) By this petition filed under Article 227 of the Constitution, the petitioners have prayed for quashing of order dated 4.9.2013, whereby the Central Administrative Tribunal, Guwahati Bench, has allowed respondent's O.A. No.275 of 2012.

(2.) The Executive Engineer, Dehang Investigation Division No.II, Pasighat vide order dated 2.2.1981, appointed four muster roll labours to officiate as work charged khalasi for two months from the date of joining. The respondent was one such appointees and he joined on 3.2.1981. Later, his term of appointment was extended from time to time by different orders. He was finally appointed as office peon vide order dated 1.7.1983. And at that time, he was "under matriculate" Also, on the basis of declaration made by the respondent, his date of birth in the service book was recorded. On 8.12.1983, the respondent even authenticated these entries by putting his signature and finger impression in the service book on 8.12.1983. This he did in the presence of Executive Engineer, Dehang Investigation Division No.IIPasighat.It is not disputed that on the basis of date of birth as 1.2.1956 respondent was to retire on 31.1.2016.

(3.) Later, in the year 1985, the respondent passed High School Certificate Examination (Compartmental) from the Board of Secondary Education, Assam. In the certificate issued to that effect his date of birth is shown as 1.3.1964. Armed with this certificate, the respondent applied before the then Executive Engineer, Siang to alter the entry of his date of birth in the service book as 1.3.1964 in place of 1.2.1956. And on 15.11.1985, the Executive Engineer altered the entry of date of birth of respondent as 1.3.1964.