Tampering with age records to gain employment advantage invalidates claims to continued service; retirement at correct age does not breach natural justice.

JUDGMENT :

YARENJUNGLA LONGKUMER, J.

Heard learned counsel, Mr. P. K. Deka for the petitioner, and Mr. Alemwapang Ao, learned standing counsel FCI, along with Ms. Shaophen Phom.

2. The petitioner has challenged Order No. ESTT-14(1)/NMR/2014/1906-09 dated 02.08.2021, whereby he has been deemed to have retired on superannuation w.e.f. 30.07.2021. The petitioner has also prayed for a direction to allow him to discharge his duties as Jamadar in the Office of the Food Corporation of India, Dimapur (FCI for short), till he reaches the age of superannuation on 31.07.2028.

3. The petitioner submits that by an Order No. A.4 (59)/86 dated 13.07.1988; he was issued an offer of appointment for the post of Safaiwala in the FCI and he was asked to join after furnishing the copies of requisite documents including educational and age certificates, etc. The petitioner while submitting the documents for the post of Safaiwala in the FCI had also submitted the attestation form in duplicate in Annexure IV along with other requisite documents, which was also a requirement as per the offer of appointment, wherein the petitioner had to furnish his detailed information including his date of birth which was recorded as 24.07.1968.

4. The petitioner also states that the authorities after being satisfied with the details and documents submitted by the petitioner, allowed the petitioner to join in the service of FCI and accordingly the petitioner joined service at Food Corporation of India, Dimapur, under NEF RO, Shillong on 26.07.1988.

5. The learned counsel for the petitioner submits that while discharging his duties as Safaiwala, he was promoted to the post of Jamadar and had been discharging his duties in the said post with utmost dedication and sincerity.

6. The counsel for the petitioner further submits that the respondent No. 3 without giving prior notice of two years as mandated under the law, issued the impugned order dated 02.08.2021 informing about the retirement of the petitioner on superannuation from the service of the Corporation on 31.01.2021 without mentioning the date of birth of the petitioner as per records, whereas actual date of retirement of the petitioner on attaining the age of 60 years will be 31.07.2028. Meanwhile, the respondent No. 3 while issuing the said impugned order dated 02.08.2021 was serving as General Manager in charge and therefore, not empowered or competent to issue the said impugned order without prior approval of the competent authorities and without showing any reason for issuing such illegal and arbitrary order of premature superannuation.

7. The petitioner also states that due to cyclone and heavy storm at Dimapur, in the year 2000 in the area of his residence, the petitioner lost all his relevant documents, such as birth certificate, educational certificate to prove his legitimate age. However, the identity card issued by the FCI, the statements of CPF for the year 2010-2011 and the pay slips for the month of January, 2012 and July, 2021 as provided by the FCI clearly reflects the date of birth of the petitioner as 24.07.1968. Moreover, all his identity proof, such as Aadhaar Card and Pan Card also reflects the date of birth of the petitioner as 24.07.1968.

8. The petitioner further submits that on getting the impugned Order dated 02.08.2021, the petitioner filed RTI applicatio