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2025 Supreme(Gau) 605
IN THE HIGH COURT OF GAUHATI, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
Devashis Baruah, J.
Kamaleswar Bania, S/o- Late Kirendra Bania – Petitioner
Versus
The State of Assam Represented By the Legal Remembrancer Cum Commissioner And Secretary To The Govt. of Assam, Judicial Department
WP(C)/1118/2025
Decided On : 24-03-2025
Advocate Appeared:
For the Petitioner:Mr. A. Hassan, Advocate
For the Respondent: Ms. S. Sharma, SC, GHC, Mr. D. K. Roy, Standing Counsel, Mr. C. Baruah, Standing Counsel
The date of birth in a Service Book must be accurately recorded based on verified documents, and erroneous entries should be corrected to protect the rights of the employee.
Headnote:(A) Assam State School Education Board - Verification of documents - The petitioner sought correction of date of birth in the Service Book based on the Admit Card and Pass Certificate issued by SEBA, which indicated an age of 16 years 8 months as of 01.03.1983. The Court found the original entry of 05.03.1965 erroneous and directed correction to reflect the accurate date of birth as 01.07.1966. (Paras 2, 12, 14)
(B) Service Book - The entries in the Service Book must be based on verified documents. The Court emphasized the importance of accurate record-keeping for the rights of the petitioner. (Paras 11, 13)
Facts of the case:
The petitioner was appointed as LDA in 1986 and sought correction of his date of birth recorded as 05.03.1965, which he argued was incorrect based on his educational documents.
Findings of Court:
The Court directed the Chief Judicial Magistrate, Dhemaji to correct the Service Book to reflect the date of birth as 01.07.1966 based on verified documents.
Issues: The main issue was the incorrect recording of the petitioner's date of birth in the Service Book and the basis for that entry.
Ratio Decidendi: The Court ruled that the date of birth must be recorded based on verified documents, and the erroneous entry must be corrected to uphold the petitioner's rights.
Result: The petition was disposed of with directions for correction of the Service Book.
JUDGMENT :
Heard Mr. A. Hassan, the learned counsel appearing on behalf of the petitioner and Ms. S. Sharma, the learned Standing counsel appearing on behalf of the Gauhati High Court. I have also heard Mr. C. Baruah, the learned Standing counsel appearing on behalf of the Accountant General.
2. This Court vide an order dated 19.03.2025 requested Mr. T.C. Chutia, the learned Standing counsel of the Assam State School Education Board to obtain instructions as regards the veracity of Annexure-1 and Annexure-2 to the writ petition which are the Admit Card and the Pass Certificate issued by SEBA. Today Mr. D. K. Roy, the learned Standing counsel who represents the Assam State School Education Board has placed before this Court an instruction issued by the Secretary, Assam State School Education Board wherein it has been categorically mentioned that the Admit Card and the Pass Certificate bearing Roll-K-068 No.0506 of HSLC Examination, 1983 found that the age was 16 years 8 months 00 days as on 01.03.1983. The said document is kept on record and marked with the letter “Y”.
3. In the backdrop of the above, let this Court take up the instant writ petition for disposal.
4. The petitioner herein on the basis of an order dated 08.10.1986 issued by the then District and Session Judge, Lakhimpur, North Lakhimpur was temporarily appointed as a Lower Division Assistant (LDA) in the Office of the Sub-Divisional and Judicial Magistrate (SDJM), Dhemaji attached to the Additional Public Prosecutor, Dhemaji. The petitioner joined on 29.12.1986 as LDA. Subsequently, the petitioner vide an order dated 05.08.1992 was confirmed as LDA which was issued by the Chief Judicial Magistrate, Dhemaji. After rendering continuous service, the petitioner was promoted as the Upper Division Assistant by an order dated 20.01.2006 issued by the CJM, Dhemaji and posted as a Bench Assistant to the Court of the Additional CJM Dhemaji. The petitioner joined his post as Bench Assistant on 20.01.2006 and presently the petitioner is working as the Supervisory Assistant (UDA) in the Office of the Chief Judicial Magistrate, Dhemaji, Assam.
5. It is the specific case of the petitioner that at the time of joining as an LDA, the petitioner submitted the Admit Card and the HSLC Pass Certificate before the authority concerned; both the documents issued by Board of Secondary Education, Assam in order to record the actual date of birth of the petitioner in the Service Book. It is the further case of the petitioner that in terms with the Admit Card and the HSLC Pass Certificate issued by the Board of Secondary Education, Assam, the petitioner’s age was recorded as 16 years 8 months 0 days as on 01.03.1983. However, the Sub-Divisional Judicial Magistrate, Dhemaji wrongly recorded the date of birth of the petitioner in the service book as 05.03.1965 which ought to have been 01.07.1966. The petitioner had submitted a representation on 16.01.2025 before the CJM, Dhemaji for correction of his wrong recording of the date of birth. The said representation was rejected vide an order dated 30.01.2025. It is under such circumstances, the present writ petition was filed.
6. It is relevant to take note of that when the instant writ petition was moved before this Court, this Court vide an order dated 03.03.2025 issued notice and further directed the learned Standing counsel appearing on behalf of the Gauhati High Court to file a short affidavit as to whether the Admit Card as well as the Pass Certificate issued in the year 1983 by the Board of Secondary Education, Assam (SEBA) were the documents which were duly submitted by the petitioner at the time of appointment of the petitioner and further also produce the Service Book of the petitioner on the next date. The next date was fixed vide the order dated 03.03.2025 on 18.03.2025.
7. However, on 18.03.2025, no affidavit was filed as directed vide order dated 03.03.2025. Under such circumstances, this Court sought the appearance of the Chief Judicial Ma
