IKRAMUL HUSSAIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) The petitioner seeks judicial intervention against the decision of the Respondent-College retiring him from service w.e.f. 28.02.2007 taking his date of birth to be 01.03.1948.

(2.) I have heard Mr. D. R. Gogoi, learned counsel for the petitioner and Mr. M. K. Misra, learned Standing Counsel, Education Department, Assam. Also heard Mr. S. S. Goswami, learned counsel for the respondent Nos. 4 & 5.

(3.) The abridged version of the petitioner's pleaded case is that he had passed the Salanta Pariksha (claimed to be equivalent to High School Examination) from the Hindi Vidyapeeth, New Delhi in the year 1968. He, thereafter, joined the Dibru College, Dibrugarh (hereafter for short referred to as the College) as Laboratory Bearer in Botany and was, eventually, regularized against a sanctioned post thereof w.e.f. 01.09.1974, the date on and from which the science section of the College was brought under Deficit Grants-in-Aid System. Subsequent thereto he was promoted to the post of LD Assistant w.e.f. 01.01.1985. In the year 1991 his Provident Fund Accounts was also opened. Though, in terms of the Salanta Examination Certificate issued by the Hindi Vidyapeeth, New Delhi, his date of birth was correctly recorded as 12.11.1951 in his service book, the petitioner to his shock and surprise on going through the same in the early part of 2006 detected that the same appeared therein as 01.03 .1948. He, thereafter, submitted a representation on 17.03.2006 before the then Principal of the College with a request to correct the mistake on the basis of the Salanta Examination Certificate. The then incumbent of the said Office having retired, her successor, however, entertained his request and restored his date of birth to be 11.11.1951 by scoring through the wrong entry i.e. 01.03.1948. As in terms of the correct date of birth, the petitioner remained under the impression that he would retire from service on 11.11.2010, he was served with a letter dated 25.02.2007 of the Principal of the College intimating him of his date of superannuation to be 28.02.2007. The letter, however, mentioned that the issue with regard to the subsequent entry of his date of birth had been referred to the Governing Body for its decision. Bewildered, the petitioner on the same date submitted a representation before the Principal of the College reiterating his date of birth to be 12.11.1951 with a request to allow him to continue in service till a final decision was taken by the concerned authorities of the institution. According to the petitioner, on receipt of the said representation, the Principal of the College permitted him to continue in service till a final decision was taken by the Governing Body. The petitioner has asserted that though, he did so, he was not paid his salary since 01.03.2007. Meanwhile, however, as decided by the Governing Body, an Inquiry Committee was constituted to ascertain the age of the petitioner, which on the conclusion of its exercise submitted a report on 12.04.2008, leaving a final decision to be taken by it (Governing Body). By a resolution taken in its meeting held on 16.04.2008 the Governing Body, however, resolved to release the petitioner from service as per his date of birth recorded in the service book at the time of initiating the same. Having come to learn about the above decision, the petitioner on 18.04.2008 submitted a representation before the President of the Governing Body, which was responded to by the letter dated 03.05.2008 of the Principal-in-Charge reiterating the earlier decision. By additional affidavits, the petitioner has sought to supplement the above, inter alia, contending that at the time of his entry in service in the College, it was in turmoil faced with a virtual stalemate in the administration thereof. In such a prevailing condition, the petitioner as sought for, had, as a proof of his age produced the certificate of Salanta Examination contending his date of birth to be 12.11.2005 before the then Head Clerk, Inamul Hussain. According to the petitioner, he put his signature on a blank service book, whereafter, neither there was any communication from the side of the institution in this regard nor he happened to see the same till the year 2006. The petitioner reiterated that his date of birth as 11.11.1951 was inserted by the Principal of the College on 01.06.2008. The State respondents have not filed any affidavit.