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THE HIGH COURT OF GAUHATI (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MICHAEL ZOTHANKHUMA
Phulaton Gogoi S/o Tuleswar Gogoi – Appellant
Versus
State of Assam – Respondent
ORDER :
(MICHAEL ZOTHANKHUMA, J.)
1. Heard Mr. M. Khan, learned counsel for the petitioner. Also heard Mr. P. Bora, learned Standing Counsel, Elementary Education Department and Mr. B. Gogoi, learned Standing counsel, Finance Department.
2. The petitioner has challenged the impugned letter dated 08.08.2024 issued by the Deputy Inspector of Schools, Sadiya Chapakhua, by which the petitioner had been directed to retire from service on 30.09.2020 in terms of his date of birth recorded in his High School Leaving Examination Certificate and Admit Card. By the said letter, the petitioner was also requested to return the monthly salary received from 01.10.2020 to 30.06.2024 or else, his pension documents were not going to be processed.
3. The petitioner’s case is that the petitioner passed the H.S.L.C. examination in the year 1980 under the Board of Secondary Education, Assam. However in the H.S.L.C.E. Certificate and Admit Card, his birth was wrongly recorded as nineteen years six months and 0 days as on 01.03.1980. The same therefore meant that the petitioner’s date of birth, in terms of his H.S.L.C.E. Certificate and Admit Card was 01.09.1960. The petiti
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.
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 original date of birth recorded in a government employee's service book is deemed correct for all purposes, overriding any subsequent alterations.
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 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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