Back
SANJAY KUMAR MEDHI
Samsul Hoque Barbhuiya, S/O Lt. Masur Ali Barbhuiya – Appellant
Versus
State of Assam Rep By The Commissioner And Secretary To The Govt. Of Assam, Deptt. of Health – Respondent
JUDGMENT :
Hon’ble Mr. Justice Sanjay Kumar Medhi
An order which, according to the petitioner, is of premature retirement whereby his retirement date was fixed on 03.09.2020 is the subject matter of challenge in this petition presented under Article 226 of the Constitution of India.
2. Before coming to the issue which has arisen for a determination, it would be beneficial if the facts of the case are narrated in brief.
3. The petitioner was initially appointed as Pharmacist in the year 1981 and by an order dated 04.05.2018 he was promoted as Head Pharmacist. According to the petitioner, his date of birth is 12.09.1962. In this regard, the petitioner has relied upon the Admit Card issued by the Board of Secondary Education (hereinafter SEBA), wherein it has been stated that as on 01.03.1977 his age was 14 years 5 months 19 days. The petitioner has accordingly deduced his date of birth as 12.09.1962.
4. It is the case of the petitioner that somehow in his Service Book, his date of birth was erroneously entered as 14.05.1960. Having come to know about the same, the petitioner had filed a representation on 08.08.2016. On the said representation, the Director of Health Services had issued a
The court established that official records from recognized authorities, such as SEBA, are determinative in employment matters regarding age and retirement, and discrepancies in personal documentatio....
The court upheld the retirement order based on the medical board's age determination, ruling that the school certificate's authenticity was not established, negating the need for an enquiry.
The original date of birth recorded in a government employee's service book is deemed correct for all purposes, overriding any subsequent alterations.
Tampering with age records to gain employment advantage invalidates claims to continued service; retirement at correct age does not breach natural justice.
The central legal point established in the judgment is the duty of corporations/departments to rectify date of birth disputes and the importance of adhering to the procedure for such rectifications, ....
The court ruled that corrections to an employee's recorded date of birth must be made promptly and substantiated by irrefutable evidence, especially when requested at the end of service.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
