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2014 Supreme(Gau) 606

TINLIANTHANG VAIPHEI
Satyen Talukdar – Appellant
Versus
State of Assam – Respondent


Advocate Appeared
For Appellant/Petitioner/Plaintiff:P.D. Nair, G. Alam, H. Rohman, S. Gogoi and P. Talukdar, Advocates
For Respondents/Defendant: R.K. Bora, GA, H.K. Mahanta, S.M.T. Chistie, B. Gogoi, A. Chetri and R.K. Neog, SCs.

JUDGMENT

Tinlianthang Vaiphei, J.

1. The petitioner in this writ petition is questioning the legality of the decision of the respondent authorities to retire him from service on 30.6.2012 instead of 31.7.2012 on the basis of the wrong calculation of his date of birth from the age recorded in his matriculation certificate. The facts material for disposal of the writ petition are virtually not in dispute. The petitioner used to be an officer of the Assam Civil Service and was serving as Deputy Secretary in the Education (Elementary) Department, Government of Assam when he was retired from service. He passed the High School Leaving Certificate Examination conducted by the Board of Secondary Education, Assam in the year 1969. In the matriculation certificate issued in connection therewith, his date of birth was not recorded, as in all the cases in those days, but what was recorded is that he was "aged 16 years 8 months on the first of March 1969". If his date of birth is to be determined on the basis of his age so entered, in terms of the principles of calculation accepted by this Court in Nagendra Nath Talukdar vs. State of Assam & Ors., (2009) 1 GLR 781, which in turn, was based on the









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