MANIK CHAND SINGH Vs. STATE OF ASSAM

JUDGEMENT

(1.) BEING aggrieved by the inaction of the State respondents in responding to his request for restoring his date of birth to be 16.6.1953 and the decision to retire him from the services with effect from 31.8.2007, the petitioner seeks to invoke the extra ordinary jurisdiction of this Court for redress.

(2.) I have heard Mr. K.H. Choudhury, Senior Advocate assisted by Mr. Sk. Muktar, Advocate for the petitioner and Mrs. S. Seal, learned Standing Counsel, Excise Department, Government of Assam.

(3.) ON 11.11.2003, the petitioner as required by the Superintendent of Excise, Tinsukia submitted the original school transfer certificate dated 21.2.1968, but the latter did not acknowledge the receipt thereof. As a measure of abundant caution again, the petitioner on 18.11.2003, submitted the school transfer certificate dated 4.12.2001 before the said authority. Though the certificate had been submitted along with the applications dated 11.11.2003 and 18.11.2003, the authority concerned did not acknowledge the receipt of the applications or the document. The petitioner however, on 24.8.2004 also submitted an affidavit before the Superintendent of Excise, Tinsukia inter alia to the effect that at the time of entry in service his date of birth was recorded as 16.6.1953 as per the school transfer certificate which was submitted in original and that it was only on 16.8.2003 that he had come to learn of the alteration therein. The petitioner pursued the issue on 6.12.2005, 15.6.2006 and 25.1.2007 by submitting representations to the Commissioner of Excise, Assam through the Superintendent of Excise, Tinsukia all of which remained unresponded. He followed up by visiting the office of the Commissioner of Excise, Assam for more than one occasions, but to no avail. Subsequent thereto, he came across of the provisional gradation list of Excise Head Constables issued by the Commissioner of Excise, Assam wherein his date of birth was shown to be 16.8.1948. He was recorded therein to have been promoted to the post of Excise Head Constable on 1.12.2001 with his date of retirement to be 31.8.2006.