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2002 Supreme(Gau) 88

J.N.SARMA, A.K.PATNAIK
State of Mizoram and Ors. – Appellant
Versus
C. Lalkima – Respondent


Advocates Appeared:
N.Sailo, G.Raju

A.K. PATNAIK, J-

This is an appeal against the judgment and order dated 11.8.98 passed by the learned Single Judge in Civil Rule No. 65/ 96.

2. The facts briefly are that respondent herein joined Government service under the Government of Mizoram as Gram Sevak on 11.3.58 and his date of birth in the Service book was recorded as 1.3.35. Subsequently, the respondent took the HSLC examination and on the basis of the date of birth given in the HSLC examination pass certificate, the Director of Agriculture, Mizoram, corrected the date of birth of the respondent to 1.3.42. Thereafter notifications were issued showing the list of Group-A and Group-B officers who were to retire and in the said notification the date of birth of the respondent was shown as on 1.3.42. Thereafter an order dated 8.8.96 was passed retiring the respondent on superannuation with effect from 31.5.96. Aggrieved by the said order dated 8.8.96, the appellant filed a writ petition under Article 226 of the Constitution which was registered as Civil Rule No. 65/96. The learned Single Judge after hearing the learned counsel for the parties quashed the impugned order dated 8.8.96 retiring the appellant and directed that the











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