AMITAVA ROY, C.R.SARMA
Deputy Inspector of Schools – Appellant
Versus
Khalilur Rahman Borbhuiya – Respondent
C.R. Sarma, J.
1. The order dated 22.12.2000, and the Judgment and Order dated 24.11.2003, passed in WP(C) No. 7193/2000, are in challenged in this appeal. The learned Single Judge by the interim order, dated 22.12.2000, suspended the operation of the order, dated 25.08.1999 and 17.09.1999, and by judgment and order dated 24.11.03 the learned Single Judge, while allowing the writ petition, allowed the writ Petitioner to continue with his service on the basis of the date of birth shown in the service book as on 01.01.1947. The relevant facts leading to filing of this appeal by the Appellant may, briefly, be stated as under.
2. The writ Petitioner was serving as a teacher in No. 1856 Dighal Khal L.P. School. By his letter, dated 25.08.99, the Block Elementary Education Officer, Katigorah, Kalain, informed him that though he was due to retire on superannuation on 31.03.1998, the Petitioner was continuing with the service on the basis of unauthentic age proof certificate. Therefore, by the said letter the Petitioner was directed to produce the original age proof certificate and till then his pay was help up. Subsequently, vide letter dated 17.09.90, the Block Elementary Education
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