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THE HIGH COURT OF GAUHATI (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MICHAEL ZOTHANKHUMA
Niran Gogoi S/o Tanu Ram Gogoi – Appellant
Versus
State of Assam – Respondent
ORDER :
Heard Mr. M Khan, learned counsel for the petitioner. Also heard Ms. S Chutia, learned counsel for the Elementary Education Department, Mr. G Pegu, learned counsel for the respondent Nos. 2 & 4 as well as Mr. RM Baruah, learned counsel for the respondent No. 3.
2. The petitioner’s case is that as his date of birth was recorded in his service book as 20.05.1964, the petitioner, who was an Assistant Teacher of Pub Ambikapur Kaliya LP School should have retired on 31.05.2024. However, on the basis of the impugned letter dated 27.06.2024 issued by the Deputy Inspector of Schools, Sodiya, Chapakhowa the petitioner was made to retire w.e.f. 30.03.2018, on the ground that his Court affidavit, HSLCE admit card and certificate proved that the petitioner’s date of birth was actually 30.03.1958. The petitioner was also asked to refund the excess salary drawn by him for overstaying in his service from 01.04.2018 to 30.04.2024.
3. The petitioner’s counsel submits that the petitioner, who was having the minimum eligibility educational criteria of High School Leaving Certification Examination (HSLCE) pass for being appointed as an Assistant Teacher, th
The court held that the date of birth in a matriculation certificate is authoritative over an affidavit, and manipulative actions for personal gain constitute fraud.
The date of birth recorded in the H.S.L.C.E. Certificate is authoritative for retirement purposes, and recovery of excess salary for overstaying must consider shared negligence.
Service - Retirement benefits - Not entitled for - Petitioner appears to be not bona-fide and a wrong doer cannot claim the privilege of his own wrongful conduct and it will be wholly unjustified one....
The original date of birth recorded in a government employee's service book is deemed correct for all purposes, overriding any subsequent alterations.
A unilateral change in an employee's recorded date of birth, impacting pension benefits, violates natural justice principles, requiring notice and an opportunity to be heard.
The court upheld that recorded dates of birth in service books cannot be altered at the end of an employee's service, emphasizing adherence to procedural timelines.
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.
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