NALIN BORAH Vs. STATE OF ASSAM AND ORS.

JUDGEMENT

(1.) Both the writ petitions by and between the same parties being interrelated to each other have been heard analogously and are being disposed of by this common judgment and order.

(2.) The dispute relates to date of birth of the petitioner. The first writ petition being WP(C) No. 7871/2003 was filed for a direction to the respondents to pay the salary to the petitioner with effect from 1.11.2001 and to quash the Annexure-5 letter dated 10.3.2003 by which the Block Elementary Education Officer (respondent No. 5) intimated the petitioner that his salary was held up as per the order of the jurisdictional Deputy Commissioner. The second writ petition being WP(C) No. 9343/2003 was filed by the petitioner making a grievance against the An-nexure-1 order dated 29.10.2003 by which the Block Elementary Education Officer directed the petitioner to hand over charge of Headmaster of the school in which he had been working, upon his release from service with immediate effect.

(3.) The petitioner was initially appointed as Assistant Teacher of LP School on 1.8.1976. Thereafter he became the Headmaster. While he was continuing as such, his salary was held up by Annexure-1 order dated 1.11.2001 pending drawal of departmental enquiry. However, the order was vacated by Annex -ure-3 letter dated 2.1.2003. When the salary bill of the petitioner was submitted for payment, the Annexure-5 letter dated 10.3.2003 was issued to the petitioner, once again intimating about withholding of his salary. Hence the first writ petition was filed.