R LIANCHHAWANA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) I have heard Mr H. Lalringthanga, learned counsel for the petitioner and Mr. Nelson Sailo, learned Government Advocate, Mizoram, for the respondents.

(2.) Briefly, the facts not in dispute are that the petitioner was appointed as Lower Division Assistant on 31.10.60 under the then existing Mizoram District Council, and was confirmed as such on 17.6.70. In his service book his date of birth was entered as 12.9.39. This was later corrected as 1.10.42 by the District Council on 8.7.70 on the basis of the petitioner's Matriculation Certificate (Annexure-1). The relevant entry in his service book (Annexure-II) read as under: <IMG>JUDGEMENT_589_GAULT1_1999Image1.jpg</IMG>

(3.) On dissolution of the Mizo District Council, the petitioner was "absorbed in the service under the Govt. of Mizoram with effect from 29.4.72...." vide page 6 in volume I of the petitioner's service book (Annexure- II). Learned Govt. Advocate has produced a letter No.A. 21014/1/97-Ex. 135 dated 6.10.97 from the petitioner's controlling Officer Superintendent of Excise, Lunglai to the Commissioner of Excise. This letter shall form a part of the records. The relevant portion thereof is extracted below: