Page No.# 1/4 vs The State Of Assam And 3 Ors
2023 Latest Caselaw 1903 Gua

                                                               Page No.# 1/4

GAHC010066742023




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

                           Case No. : WP(C)/1902/2023

         SARIT DUTTA
         S/O- LATE RAMANANDA DUTTA, SENIOR ASSISTANT, LOKANAYAK OMEO
         KUMAR DAS COLLEGE, DHEKIAJULI DIST .SONITPUR, ASSAM, PIN-
         784110.



         VERSUS

         THE STATE OF ASSAM AND 3 ORS
         REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM,
         DEPARTMENT OF HIGHER EDUCATION, DISPUR, GUWAHATI-6.

         2:THE DIRECTOR OF HIGHER EDUCATION
         ASSAM
          KAHILIPARA
          GUWAHATI-781019.

         3:THE PRINCIPAL

          LOKANAYAK OMEO KUMAR DAS COLLEGE
          DHEKIAJULI
          DIST. SONITPUR
          ASSAM
          PIN- 784110.

         4:THE GOVERNING BODY
          LOKANAYAK OMEO KUMAR DAS COLLEGE
          DHEKIAJULI
          DIST. SONIPUR
         ASSAM
          PIN- 784110.

         5:SECRETARY
                                                                          Page No.# 2/4

             BOARD OF SECONDARY EDUCATION
             ASSAM

            6:THE HEALTH AND FAMILY WELFARE DEPARTMENT
             REPRESENTED BY ITS SECRETARY
            ASSA

Advocate for the Petitioner   : MR. A GANGULY

Advocate for the Respondent : SC, HIGHER EDU




                                    BEFORE
                     HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                        ORDER

11.05.2023 Heard Mr. A. Ganguly, learned counsel for the petitioner and Mr. A.R. Tahbildar, learned counsel for the respondents No. 1 & 2. Also heard Mr. D.K. Roy, learned counsel for the respondent No. 5 and Mr. D. Upamanyu, learned counsel for the respondent No. 6.

2. This petition is filed by the petitioner who is an employee in Lokanayak Omeo Kumar Das College, Dhekiajuli, Sonitpur as UDA. The petitioner is aggrieved by the communication dated 21.11.2022 issued by the College Authorities informing the petitioner that his date of superannuation will be 31.01.2024 as his date of birth was considered to be 12.01.1964 which reflected the date of birth as per the records of SEBA. The learned counsel for the petitioner submits that date of birth recorded in his service book is 23.05.1968 was on the basis of birth certificate issued by the Health Department. However, the impugned communication dated 21.11.2022 preponing his retirement on the basis of a communication received from SEBA was done without putting him to any notice. Being aggrieved, the present writ petition has been filed.

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3. By the earlier orders passed by this Court, the learned Standing Counsel for SEBA was directed to obtain instructions with regard to date of birth as reflected in SEBA.

4. Mr. D.K Roy, learned Standing Counsel, SEBA has produced a copy of the communication dated 04.05.2023, whereby as per the records of SEBA, his age was shown to be 19 years 1 Month 19 days as on 01.03.1983.

5. The learned counsel for the petitioner submits that change of date of birth towards the end of his career is not permissible for an employee and the same law is equally applicable to an employer as well as. The petitioner was appointed in 1993 and since the date of his joining and his date of birth has been reflected as 23.05.1968 and which is the date entered into his service book, now the authorities cannot unilaterally change his date of birth or prepone his date of superannuation as has been sought to be done by the impugned letter dated 21.11.2022. The learned counsel for the petitioner has referred to the Judgment of the Apex Court rendered in Shankar Lal Vs. Hindustan Copper Limited and Ors reported in (2022) 6 SCC 211 to submit that change of date of birth at towards the end of the career is not available either to the employee or to the employer.

6. This Court is of the view that the matter will require examination.

7. Let Notices be issued, Returnable in four weeks.

8. Since, Mr. A.R. Tahbildar, learned counsel for the respondents No. 1 & 2; Mr. D.K. Roy, learned counsel for the respondent No. 5 and Mr. D. Upamanyu, learned counsel for the respondent No. 6 appear for the respondents, no formal notice needs to be issued to them. However, extra copies be furnished within three working days.

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9. Steps for service of notice on the respondents No. 3 & 4 be taken by registered post with A/D within one week from today. Dasti is also permitted.

10. Let the matter be listed after four weeks.

11. The authorities namely, respondents No. 3 & 4 are restrained from taking any action in terms of the communication dated 21.11.2022 without leave of this Court.

JUDGE

Comparing Assistant