MIR Alfaz Ali, J.

Heard Mr. S. Borgohain, learned counsel for the petitioner and Ms. Mary, learned Govt. Advocate, Mizoram.

2. By this writ petition, the petitioner has challenged the notification under Memo No. A.19014/122/86-PERS(B) dated 06.02.2017 (Annexure-16 to the writ petition), by which, the petitioner was released from service on superannuation.

3. The case of the writ petitioner is that the petitioner joined in his service in the year 1986 as Sub-Civil Service (Group-B). Initially the appointment of the petitioner was on adhoc basis. However, after a short period, his service was regularised. At the time of joining service, the date of birth of the petitioner was recorded as 06.06.1956 as reflected in the testimonial certificate issued on 02.09.1980 by the Headmaster of Government High School, Lunglei due to clerical mistake. The actual date of birth of the petitioner was 06.06.1959. On realising the mistake with regard to his date of birth, the petitioner made correspondences with the concerned authorities for rectification of his date of birth and on being rectified by the concerned authorities, made a representation on 16.07.2008 annexing all the relevant documents to the Commissioner & Secretary to the Government of Mizoram, Department of Personnel and Administrative Reforms with a prayer for alteration/correction of his date of birth.

4. The Government vide letter dated 16.03.2009 (Annexure-8 to the writ petition) communicated that the department of Personnel and Administrative Reforms was unable to accede to the representation made by the petitioner for alteration of the date of birth for want of requisite justification. On receipt of such communication from the Government, the petitioner did not take any further step. However, the petitioner came across an Office Memorandum dated 07.01.2014 captioned Alteration/Correction of date of birth vide Memo No. A.21016/1/2012-P&AR(GSW), whereby the Government instructed the controlling officers of all the departments that proposal (if any) for approval of alteration/correction/over-writing of date of birth of a Government servant recorded in the service book should be submitted to DP&AR within two months from the date of issuance of the said office memorandum. It was also mentioned in the said office memorandum that any proposal so received after two months would no longer be entertained.

5. The petitioner then submitted another representation on 06.03.2014 enclosing all necessary testimonials for re-consideration of his representation for correction/alteration of date of birth. The petitioner mentioned in the said representation that his earlier representation was not acceded to. The petitioner also made a representation to the Chief Minister on 06.05.2014 canvassing all the circumstances for consideration as made in the representation. The Chief Minister made a note to the Chief Secretary, which states as "the claim is supported by numbers of certificates including the Baptismal certificate. The claim seems to be genuine, please examine". The representation of the petitioner was duly considered along with the cases of other similarly situated Government employees of Mizoram and vide order dated 29.10.2014, the Government was pleased to accept the representation of the petitioner and allowed the alteration of date of birth to be 06.06.1959 vide Annexure-12 order dated 27.08.2014 and the same was notified vide notification No. A-1904/122/86-PERS(B) dated 11.11.2014.

6. The orders dated 27.08.2014 (Annexure-12) and notification dated 11.11.2014 (Annexure-13) reads as follows :

"Government of Mizoram

Department Of Personnel & Administrative Reforms General Service Wing

Subject:- Alteration of date of birth in respect of Pu. B. Lalhmingthanga, MCS.

Ref I.D. No. A.19014/122/86-PERS(B) dated 27.8.2014 With reference to above, Joint Secretary, DP & AR(CSW) is informed that DP&AR(GSW) accepted 6.6.1959 (the sixth day of June Nineteen fifty Nine) as the correct date of birth