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2024 Supreme(Gau) 898

SANJAY KUMAR MEDHI
Ramani Kanta Sarma, S/O. Lt. Dharanidhar Sarma – Appellant
Versus
State Of Assam Rep. By Secretary To The Govt. Of Assam, Deptt. Of Inland Water Transport – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Shri. P.S. Deka, Advocate
For the Respondent: Ms. M.D. Bora, SC, IWT.

JUDGMENT :

The issue which has been raised in this petition filed under Article 226 of the Constitution of India pertains to a challenge concerning the date of superannuation of the petitioner. The primary contention of the petitioner is that based on an incorrect recording in his Service Book, he has been prematurely retired from service.

2. As per the facts projected, the petitioner was initially inducted in the services of the Inland Water Transport vide an appointment letter dated 20.11.1982 as a Lightman. It is contended that thereafter he was promoted to the post of ‘Laskar’. The petitioner was furnished with a notice dated 27.12.2016 by which his date of retirement on attaining the age of superannuation was informed as 31.03.2017. It is the contention of the petitioner that his date of birth should be 01.04.1958 as per the School Certificate which the petitioner has enclosed with the writ petition. Accordingly, a representation was made which was duly forwarded to the Directorate of Inland Water Transport on 18.01.2017. It is the contention that no action whatsoever was taken on the said representation. Accordingly, the instant petition has been filed.

3. I have heard Shri P.S.

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