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2019 Supreme(Gau) 720

MICHAEL ZOTHANKHUMA
John Rammawia Zotlang – Appellant
Versus
State of Mizoram – Respondent


Advocates Appeared:
Yadunandan Bansai, Ravinder K. Singh, Lalchhanhima Sailo, Emily L. Change, A.R. Malhotra, Emily L. Chhangte, Mary Lalawmpuii, Zoramchhana, Advocates.

JUDGMENT :

Michael Zothankhuma, J.

Heard Mr. Lalchhanhima Sailo, learned counsel for the petitioner. Also heard Mrs. Linda L. Fambawl, learned Government Advocate for the respondent Nos. 1 to 3 and Mr. A.R Malhotra, learned counsel for the respondent Nos. 4 to 6.

2. The matter pertains to the retirement of the petitioner on 31.10.2017, in terms of the corrected date of birth of the petitioner. The petitioner's case is that his date of birth is 18.10.1960. However, the petitioner's date of birth was corrected arbitrarily to 10.10.1957.

3. The petitioner's case in brief is that he was temporarily appointed as Junior Engineer (JE) in the PWD on officiating basis, in the scale of pay of Rs. 425-15-500-EB-15-EB-15-560-20-700 as admissible as per rules, vide Order dated 10.03.1981. In the service book that had been opened on 09.06.1984, the petitioner's date of birth was recorded as 18.10.1960. However, the process for change of date of birth of the petitioner was initiated by the State Government in the year 2015 and after enquiry, the Government accepted the date of birth of the peti

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