Gauhati High Court
Lalit Mazumdar vs The State Of Assam And 5 Ors on 27 July, 2022
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GAHC010066592021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2527/2021
LALIT MAZUMDAR
S/O LT. RANJIT CHANDRA MAZUMDER, R/O VILL. ARARA, P.O. ARARA,
DIST. NALBARI, ASSAM.
VERSUS
THE STATE OF ASSAM AND 5 ORS
REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF
ASSAM, A.H. AND VETERINARY DEPTT., DISPUR, GUWAHATI 6
2:THE SECY. TO THE GOVT. OF ASSAM
FINANCE DEPTT.
DISPUR
GHY 06
3:THE ACCOUNTANT GENERAL (A AND E)
ASSAM
MAIDAMGAON
BELTOLA
GHY 29
ASSAM.
4:THE DIRECTOR
A.H. AND VETERINARY DEPTT.
ASSAM
CHENIKUTHI
GUWAHATI 03
5:THE PROJECT OFFICER (CRASH)
INTENSIVE EGGS AND POULTRY PRODUCTION CUM MARKETING
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CENTRE
KHANAPARA
GUWAHATI 22
6:THE DIST. VETERINARY OFFICER
NALBARI
P.O. NALBARI
DIST. NALBARI
ASSAM
PIN 78130
Advocate for the Petitioner : MR. S ISLAM
Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
Date : 27-07-2022
JUDGMENT & ORDER (ORAL)
Heard Mr. S Islam, learned counsel for the petitioner, Mr. JK Goswami,
learned Additional Senior Government Advocate appearing for the respondents
No. 1, 4, 5 and 6 being the authorities in the Animal Husbandry and Veterinary
Department of the Government of Assam, Mr. A Chaliha, learned counsel for the
respondent No. 2 being the authority in the Finance Department and Mr. A
Hasan, learned counsel for the respondent No. 3 being the authority in the
Accountant General (A&E), Assam.
2. The petitioner was appointed as a Muster Roll worker in the Project Officer
(Crash) Intensive Eggs & Poultry Production cum Marketing Centre, Khanapara,
Guwahati and he joined his engagement on 01.01.1987 and has continuously
been discharging his duties thereafter. By the order dated 30.01.2021 of the
Project Officer (Crash) Intensive Eggs & Poultry Production cum Marketing
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Centre, Khanapara, Guwahati, the petitioner was released from Government
service on 31.01.2021 on the ground that he had attained the age of
superannuation as on 31.01.2021.
3. The petitioner relies upon a school transfer certificate of the
Headmaster/Principal of Amayapur Alengidal Adarsha Uccha Madhyamic School
in the Nalbari district, which is dated 10.04.2003 to substantiate that his date of
birth is 01.03.1968. The said certificate of the school is also available in the
records maintained by the respondent authorities. Further, the Service Book of
the petitioner, which was opened on 06.07.2006 also shows that the date of
birth of the petitioner is 01.03.1968. While being engaged as a Muster Roll
worker, the petitioner was issued an Identity Card from the office of the Project
Officer (Crash) Intensive Eggs & Poultry Production cum Marketing Centre,
Khanapara, Guwahati, showing the date of birth of the petitioner to be
01.03.1968 and the Pan Card issued to the petitioner by the Income Tax
Department also shows his date of birth to be 01.03.1968.
4. If it is understood by the respondents that the petitioner would
superannuate from service on 31.01.2021, it is to be that he had attained the
age of 60 years as on the said date. In order to attain the age of 60 years as on
31.01.2021, the petitioner would have to be born sometime in the year 1961
and not 1968.
5. In order to substantiate the order impugned dated 30.01.2021, the
respondents relied upon a list of Muster Roll workers in the Department,
wherein the date of birth of the petitioner is shown to be 01.02.1961.
6. We required the respondents to produce from the record as to what
material was available before the Department, so as to prepare the list of
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Muster Roll workers of the Department showing the petitioner to have his date
of birth as 01.02.1961. We have been told that apart from the list itself, no
further material is available for the purpose.
7. The list of Muster Roll workers prepared by the Department would be a
secondary document to indicate the date of birth of the petitioner inasmuch as
the said entry has to be based upon some other primary material in order to
arrive at the date of birth recorded therein. On the other hand, the document
like the school transfer certificate would have to be understood to be a primary
document indicating the date of birth and further, all the documents maintained
by the Department including the Service Book also show the date of birth of the
petitioner to be 01.03.1968. Further, the Pan Card and the Identity Card issued
to the petitioner also bears the same date.
8. In view of the above, we are unable to sustain the order dated 30.01.2021
of the Project Officer (Crash) Intensive Eggs & Poultry Production cum
Marketing Centre, Khanapara, Guwahati providing that the petitioner would
superannuate from service on 31.01.2021 for the reason of there being
inadequate material to support the said order.
9. Accordingly, the order dated 30.01.2021 is set aside. The implication of
setting aside the order dated 30.01.2021 would be that the act of the
respondents to retire the petitioner from service from 31.01.2021 would be
unsustainable in law, meaning thereby that the petitioner would have to be
understood to be still in service.
10. However, liberty remains with the respondents to proceed against the
petitioner as per law, if any reliable material is available to arrive at a conclusion
that the date of the petitioner may be contrary to the accepted date of birth i.e.
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01.03.1968.
11. Writ petition is allowed as indicated above.
12. The records are returned back. The list of Muster Roll workers relied upon
by the respondents is kept on record.
JUDGE
Comparing Assistant
