PRADIP BORA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. SC Biswas, learned counsel for the petitioner and Mr. R. Barpujari, learned Standing Counsel, Finance Department, Assam, appearing for the respondent No. 2. Also heard Mr. N. Goswami, learned Junior Government Advocate, Assam, appearing for the respondent Nos. 1, 3 and 4.

(2.) By preferring the instant writ petition being W.P.(C) No. 5053/2014 under Article 226 of the Constitution of India, the petitioner is seeking a direction to the respondent authorities to restore the regularization of his service with effect from the date on which the cancellation of the regularization of services of other 46 numbers of similarly situated Muster Roll workers of the Diary Development Department of Assam have been revoked without any break in regularization of his service and further to pay his salary and other allowances admissible with effect from the month of January, 2006 till date and onward current salary and also to rectify the date of his birth as on 01.07.1963 and consequently the date of his retirement as on 31.07.2023.

(3.) The petitioner's case, in a nutshell, is that he was engaged as Muster Roll worker on 01.09.1987 under the respondent No. 4, the Assistant Diary Development Officer, Town Milk Supply Scheme, Tezpur, Sonitpur. Subsequently, his service was regularized as Peon in the regular scale of pay by a common order, dated 30.09.2005, issued by the respondent No. 3, the Director, Diary Development Department, Assam alongwith the other Muster Roll workers, who were engaged prior to 01.04.1993. Accordingly, the petitioner joined as Peon on 01.10.2005. However, in the regularization order, the Department wrongly recorded his date of birth as 30.10.2014 instead on 01.07.1963 based on his HSLC Admit Card.