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2021 Supreme(Gau) 629

SANJAY KUMAR MEDHI
Sarat Hazarika – Appellant
Versus
State of Assam – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. H. Sarma
For the Respondents: Mr. T.C. Chutia, Mr. R. Borpujari, Mr. R. Ahmed, Mr. R. Dhar, Mr. S.K. Medhi and Mr. A. Hassan

JUDGMENT :

1. An identical issue being involved in all the four writ petitions, the same are taken up for consideration together and disposed of by this common order.

2. The issue involved in brief pertains to the action of the respondent-authorities in purporting to make certain recoveries of the salaries of the petitioner on the ground of overstay in their services. At the outset, it may be noted that such overstay is on the principal ground of wrong calculation of the date of birth of the petitioners while entering the same in the Service Book of the petitioners at the time of their recruitment.

3. To consider and decide the aforesaid issue, it would be convenient if the facts are placed on records. The petitioners in WP(C) No. 3402/2019, WP(C) No. 3422/2019, WP(C) No. 4475/2019, namely, Shri Jagadish Kumar Deka, Shri Imran Hussain Borah and Shri Sarat Hazarika, at the time of filing of writ petitions were Assistant Sub-Inspector of Police in the Assam Police Radib Organization (APRO’) whereas the petitioner in WP(C) No. 3423/2019 Shri Manabendra Sarma was an Inspector in the said Organization. The petitioners have reached the aforesaid ranks by virtue of being promoted from time-t

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