LUTOVI SEMA Vs. STATE OF NAGALAND

JUDGEMENT

(1.) In this writ petition under Article 226 of the Constitution of India, the petitioner has assailed the decision of the State respondents releasing him from service with effect from 31.3.2013 on attaining the age of superannuation, which is alleged to be premature.

(2.) The facts leading to the filing of the present writ petition may briefly be stated. The petitioner came to be appointed as a work-charged labour on a fixed pay of Rs. 210/- per month in the establishment of the Executive Engineer, Public Health Engineering Department (PHED), Tuensang Division by an Office Order dated 28.09.1984. By a subsequent Office Order dated 08.05.1992, the petitioner was provided scale of pay of Rs. 375 - 590/- per month plus all other allowances and he was posted in the office of the Sub-Divisional Officer No. II, Kiphire under the PHED, Tuensang Division, as Fitter Helper. On being granted scale pay, it is contended by the petitioner that the service book of the petitioner was opened. At the time of opening the service book, the details of the petitioner were collected and the petitioner being an illiterate person, informed his date of birth as 23.03.1961. However, when his Identity Card bearing Code No. KIP 0521 was issued by the Department, his date of birth was shown as 23.03.1971 instead of 23.03.1961 and his date of joining service was shown as 01.05.1985 instead of 28.09.1984. It is contended that when upon inquiry, it was found that, in his service book, his date of birth was wrongly entered as 23.03.1971 instead of 23.03.1961, the same was corrected by the State respondents.

(3.) In the year 2008, all the work-charged employees of the PHED, Kiphire District were asked to appear in person before a Departmental Screening Committee and they were asked to bring their original Identity Cards issued to them at the time of their appointments. Accordingly, all the work-charged employees appeared before the said Departmental Screening Committee and they were asked to submit their Identity Cards. Thereafter, photographs of the work-charged employees who appeared before the Departmental Screening Committee were taken with respective placards prepared by the said Departmental Screening Committee. By pasting the photographs so taken, new Identity Cards "W/C Identity Card 2008" were issued to all those work-charged employees including one to the petitioner. In the Identity Card so issued to the petitioner, his date of birth was reflected as 23.03.1953 instead of 23.03.1961, as shown in his service book and similarly, his date of joining service was changed to 29.9.1985 instead of 28.9.1984.