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2019 Supreme(Gau) 575

MANISH CHOUDHURY
Lutovi Sema – Appellant
Versus
State of Nagaland – Respondent


Advocate Appeared:
For the Appellant :Z. Zhimomi, Asenla Walling and Toshi O. Longkumer, Advocates
For the Respondent: S. Mere, GA

JUDGMENT :

MANISH CHOUDHURY, J.

1. In this writ petition under Article 226 of the Constitution of India, the petitioner has assailed the decision of the State respondents releasing him from service with effect from 31.3.2013 on attaining the age of superannuation, which is alleged to be premature.

2. The facts leading to the filing of the present writ petition may briefly be stated. The petitioner came to be appointed as a work-charged labour on a fixed pay of Rs. 210/- per month in the establishment of the Executive Engineer, Public Health Engineering Department (PHED), Tuensang Division by an Office Order dated 28.09.1984. By a subsequent Office Order dated 08.05.1992, the petitioner was provided scale of pay of Rs. 375 - 590/- per month plus all other allowances and he was posted in the office of the Sub-Divisional Officer No. II, Kiphire under the PHED, Tuensang Division, as Fitter Helper. On being granted scale pay, it is contended by the petitioner that the service book of the petitioner was opened. At the time of opening the service book, the details of the petitioner were collected and the petitioner being an illiterate person, informed his date of birth as 23.03.1961. However

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