Back
2015 Supreme(Gau) 600
IN THE HIGH COURT OF GAUHATI
Ujjal Bhuyan, J.
Kamal Chandra Bora – Appellant
Vs.
State of Assam and Ors. - Respondent
W.P.(C) No. 379 of 2012
Decided On : 30.07.2015
For The Appellant :K.K. Mahanta, Sr. Advocate, K. Singha and M. Pathak
For The Respondents: R.K. Bora, GA, T.C. Chutia, SC, SEBA and M. Chutia
Headnote:
Constitution of India – Article 226 – Divisional Forest – Matriculation – Age of superannuation- Service of Forest Department - Petitioner that he would attain the age of superannuation on which he would be relieved from service of Forest Department, Government of Assam – Case of petitioner is that he passed HSLC examination and as per his matriculation certificate he was aged as on basis of petitioners matriculation certificate – Petitioner joined service in the Forest Department, Government of Assam, as a Range Assistant service roll of petitioner his date of birth was entered – According to petitioner he came to know about said erroneous entry regarding his date of birth only while he was preparing relevant papers seeking loan against his provident fund dues – Held, Court same is beyond the record of case. Moreover, Mr. Bora is unable to explain how in 3 (three) different communications issued from office of Principal Chief Conservator of Forests, Assam, at different points of time the date of birth and date of superannuation of the petitioner had been recorded respectively – First communication is issued by then Principal Chief Conservator of Forests second communication was issued by last communication was issued by Sri D Mathur, IAS, then Additional Principal Chief Conservator of Forests. Significantly, all different communications of 3 different incumbents holding the office of Principal Chief Conservator of Forest reflect date of birth of petitioner as which factum is buttressed by matriculation certificate of petitioner, genuineness of which has not been doubted –Writ petition is accordingly allowed.
Ujjal Bhuyan, J.
1. By filing this petition under Article 226 of the Constitution of India, petitioner seeks quashing of letter dated 11.01.2012, issued by the Divisional Forest Officer, Nagaon Division, informing the petitioner that he would attain the age of superannuation on 31.01.2012, on which date, he would be relieved from the service of the Forest Department, Government of Assam. Case of the petitioner is that he passed HSLC examination (Matriculation) in the year 1969 and as per his matriculation certificate dated 21.06.1969, he was aged about 15 years 1 month as on 01.03.1969. On the basis of petitioner's matriculation certificate, his date of birth is 01.02.1954. Petitioner joined service in the Forest Department, Government of Assam, as a Range Assistant (Lower Division Assistant) on 06.11.1971. In the service roll of the petitioner, his date of birth was entered as 01.02.1952. According to the petitioner, he came to know about the said erroneous entry regarding his date of birth only in the year 2001 while he was preparing relevant papers seeking loan against his provident fund dues. It is stated that immediately after coming to know about the aforesaid distortion in the recording of his date of birth, petitioner submitted application for correct recording of his date of birth as 01.02.1954, instead of 01.02.1952. Divisional Forest Officer, Hamren Division, where the petitioner was then posted, forwarded his representation to the Principal Chief Conservator of Forests, Assam on 19.11.2001.
2. In the course of his service, petitioner came to occupy the office of Head Assistant in the Nagaon Forest Division. In the meanwhile, there was exchange of communications at various levels between the authorities of Forest Department regarding request made by the petitioner for correct recording of his date of birth in his service book. In this connection, it appears that the office of the Principal Chief Conservator of Forests had written to the Secretary, Board of Secondary Education, Assam (SEBA), requesting the latter to authenticate the matriculation certificate furnished by the petitioner. It is stated that SEBA had replied back to the Principal Chief Conservator of Forests, on 15.02.2006 stating that while the matriculation certificate was verified and found to be genuine but the correct age of the petitioner should have been 17 years 1 month as per record. However, by a subsequent letter dated 16.10.2006,. SEBA informed the office of the Principal Chief Conservator of Forests, Assam, that matriculation certificate of the petitioner was genuine and the age of the petitioner was 15 years 1 month as per record.
3. Thereafter, Principal Chief Conservator of Forests, Assam, vide letter dated 31.07.2006, informed the Conservator of Forests, Northern Assam Circle that age of the petitioner as on 01.03.1969 as informed by SEBA was 17 years 1 month, which is to be treated as correct. Conservator of Forests was informed that petitioner may be prosecuted for submitting false certificate.
4. While the matter rested at that, impugned letter dated 11.01.2012 was issued informing the petitioner about his superannuation on 31.1.2012. This letter was issued by treating the petitioner's date of birth as 01.02.1952.
5. Aggrieved, petitioner has approached this Court by filing the present petition.
6. This Court by order dated 30.01.2012, issued notice and observed that retirement date of the petitioner would be subject to the final result of the case.
7. Respondent No. 7 (SEBA) has filed affidavit. Stand taken in the affidavit is that petitioner had appeared in the HSLC examination conducted by SEBA in the year 1969 from Jaluguti High School under Morigaon Centre. As per record in the office of SEBA, age of the petitioner was 17 years 1 month as on 01.03.1969. However, it is admitted that matriculation certificate annexed to the petition by the petitioner appears to be genuine, so also the letter dated 15.02.2006 of SEBA, but the age o
