JUDGMENT :

RUMI KUMARI PHUKAN, J.

1. Heard Mr. A. Dasgupta, learned senior counsel appearing for the petitioner. Also heard Mr. D. Bhattacharjya, learned standing counsel appearing for the respondent Nos. 1-3 and Mr. T.C. Chutia, learned standing counsel appearing for the Board of Secondary Education, Assam (SEBA), Respondent No. 4.

2. The case of the petitioner is that he was appointed as a peon in the Assam State Electricity Board, in the year 1981, which was subsequently named as Assam Power Distribution Company Limited (hereinafter referred to as ‘the APDCL’) a Govt. Company. He joined in his service on 16.02.1981, in Transmission and Transformation Station at Lanka and later on he was posted in Transmission and Transmission Division at Nagaon. At the time of his appointment, he had not passed the HSLC examination and his date of birth was recorded on the basis of a certificate, issued by the Head Master of Pitambar Dev Goswami High School where he persuaded his studies. In terms of that certificate his date of birth was 25.01.1957. Subsequently, the petitioner passed his HSLC examination under the Board of Secondary Education, Assam (in short ‘SEBA’) in the year 1984. In the HSLC