Dilip Borah vs Assam Agricultural University ...
2021 Latest Caselaw 2414 Gua

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GAHC010174982020




                       THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                           Case No. : WP(C)/5192/2020

         DILIP BORAH
         S/O. LT. TANURAM BORAH, VILL. GAREHAGI, P.O. PANIBHARAL, PIN-
         784176, P.S. BISWANATH CHARIALI, DIST. BISWANATH, ASSAM.



         VERSUS

         ASSAM AGRICULTURAL UNIVERSITY AND 3 ORS
         REP. BY ITS REGISTRAR, JORHAT, DIST. JORHAT, ASSAM, PIN-785013.

         2:THE VICE-CHANCELLOR

          ASSAM AGRICULTURAL UNIVERSITY
          JORHAT
          DIST. JORHAT
          ASSAM
          PIN-785013.

         3:THE REGISTRAR

          ASSAM AGRICULTURAL UNIVERSITY
          JORHAT
          DIST. JORHAT
          ASSAM
          PIN-785013.

         4:THE PRINCIPAL CUM ASSOCIATE DEAN

          BISWANATH COLLEGE OF AGRICULTURE
          BISWANATH CHARIALI
          DIST. BISWANATH
          ASSAM
          PIN-784176
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Advocate for the Petitioner   : MR. P J SAIKIA

Advocate for the Respondent : SC, AAU




                                 BEFORE
            HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

                                           ORDER

04.10.2021

Mr. P J Saikia, learned counsel for the petitioner has made a submission that as the petitioner was regularized in service after being a casual employee on 29.05.2019 with effect from 01.10.2018 and he became a government servant only on the date of being regularized in service.

The learned counsel to substantiate the said submission with the relevant provisions of law.

Mr. Saikia makes a further submission that the claim of the petitioner for correction of date of birth was not done earlier because of the fault on the part of the respondent authorities and therefore, as per the judgments of this Court in Thuleswar Hazarika vs. State of Assam and ors. reported in (2016) 2 GLR 401 and in Mohd. Yunus Khan v. U.P. Power Corporation Ltd. and ors. reported in AIR 2008 SC (Supp) 1163, the restriction under paragraph 3 of the Note 2 SR.8(c) would not be applicable in case of the petitioner.

List after a week.

JUDGE

Comparing Assistant