Gauhati High Court
Lakshi Kanta Bora vs The State Of Assam And 6 Ors on 11 June, 2019
Author: Manash Ranjan Pathak
Bench: Manash Ranjan Pathak
Page No.# 1/4
GAHC010011682015
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 2109/2015
1:LAKSHI KANTA BORA
S/O LT. KALIA BORA R/O VILL- BIHUCHOWABOR, P.O. GHAHI BHATIKURI,
P.S. RAHA DIST.NAGAON, ASSAM, PIN - 782144.
VERSUS
1:THE STATE OF ASSAM AND 6 ORS
REP. BY THE COMMISSIONER and SECRETARY TO THE GOVT. OF ASSAM,
EDUCATION SECONDARY DEPARTMENT, DISPUR, GUWAHATI- 781006,
DIST. KAMRUP, ASSAM
2:THE DIRECTOR OF ELEMENTARY EDUCATION
ASSAM
KAHILIPARA
GUWAHATI- 781019
DIST. KAMRUP M
ASSAM.
3:THE DISTRICT ELEMENTARY EDUCATION OFFICER
NAGAON
ASSAM.
4:THE BLOCK ELEMENTARY EDUCATION OFFICER
KAPILI
NAGAON
ASSAM.
5:THE DIRECTORATE OF PENSION
ASSAM
HOUSEFED COMPLEX
DISPUR
GUWAHATI-06.
6:THE TREASURY OFFICER
Page No.# 2/4
NAGAON TREASURY ASSAM.
7:THE HEADMASTER
GHAHI MOHMORIA ANCHALIK M .E. SCHOOL
P.O. GHAHI BHATIKURI
P.S. RAHA
DIST.NAGAON
ASSAM
PIN - 782144
Advocate for the Petitioner : MR.M K BORO
Advocate for the Respondent : MR.P K DASR-7
BEFORE
HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
Date : 11-06-2019 Heard Mr. M. K. Boro, learned counsel for the petitioner. Also heard Mr. S. P. Bhattacharjee, learned Standing Counsel, Elementary Education Department for the respondent Nos. 1 to 4, Mr. B. Deuri, learned Government Advocate, Assam, for the respondent No. 5, Mr. B. Gogoi, learned Standing Counsel, Finance Department for the respondent No. 6 and Mr. P. K. Das, learned counsel for the respondent No. 7.
The petitioner, a Grade-IV employee (Chowkider) in Ghahi Mohmoria Anchalik M.E. School in Kapili Education Block of Nagaon district and, according to the petitioner, he was appointed in the said M.E. School on 19.11.1991 and was to retire from service on 30.10.2015, on attaining the age of superannuation at 60 years, considering his date of birth as 01.11.1956. But, in August, 2014, the respondent directed him to submit his pension papers, wherein he detected that his date of birth has been wrongly incorporated in the service book as 01.03.1955 in place of 01.11.1956. During such search, he found that there are three Service Books in his name and the 1 st Service Book contains his correct date of birth as 01.11.1956, whereas his 2 nd and 3rd Service Books contain his date of birth as 01.03.1955.
It is submitted by the petitioned that finding such anomalies, the petitioner submitted a representation before the DEEO, Nagaon, respondent No. 3, on 20.08.2014 for correction of said Page No.# 3/4 anomaly, pertaining to his date of birth. But as the same remained unattended, the petitioner preferred this writ petition for correction of his date of birth as 01.11.1956 in place of 01.03.1955.
With regard to the petitioner's date of birth, he submitted a transfer certificate allegedly issued by the Headmaster of Senchowa Government Aided High School, Senchowa dated 11.05.1978, which reflects that the date of birth of the petitioner, according to admission registrar of the said school as 01.11.1956 and, as such, the petitioner submitted that his date of birth should be corrected in his Service Book and accordingly he should be allowed to continue in service till 31.10.2016.
The petitioner preferred this writ petition on 31.03.2015 and the matter was taken up for consideration on 09.04.2015, but the petitioner remained unrepresented. On 04.11.2016, though the petitioner remained unrepresented, the Court issued notice to the respondents.
The respondent No. 7, Headmaster of said Ghahi Mohmoria Anchalik M.E. School, filed its affidavit in the matter, stating that he has been holding the post of Headmaster of said M.E. School since 01.06.2011, wherein the petitioner served as a Grade-IV Chowkider and that he is not aware of the fact that the petitioner has three Service Books in his name and about the alleged modification of his date of birth from 01.03.1955 to 01.11.1956. In the said affidavit, the respondent No. 7 also submitted that the petitioner did not make the concerned school a party respondent from where he obtained the said transfer certificate dated 11.05.1978, wherein his date of birth is reflected as 01.11.1956 nor he produced any authenticated record before the Court to establish his date of birth as 01.11.1956 and not 01.03.1955 as available in his service book.
After hearing the parties, the Court by its order dated 13.05.2019, directed both the petitioner as well as the respondent No. 7, Headmaster of said Ghahi Mohmoria Anchalik M.E. School to appear before the DEEO, Nagaon, respondent No. 3, on 27.05.2019 enabling the petitioner and said respondent No. 7 to produce all the relevant testimonials and records in original including the original transfer certificate dated 11.05.1978 of the petitioner (Annexure-7 to the writ petition).
Mr. Bhattacharjee, learned Standing Counsel, Elementary Education Department, placed the relevant instructions dated 10.06.2019 of the DEEO, Nagaon, respondent No. 3 and submits that both the petitioner and the respondent No. 7, Headmaster of Ghahi Mohmoria Anchalik M.E. School appeared before the DEEO, Nagaon, pursuant to the order of the Court dated 13.05.2019 and on due verification, it was found by the said DEEO, Nagaon that there is no school in the name of Senchowa Government Aided High School at Senchowa area till date, as per the official records. The said DEEO Page No.# 4/4 in his report dated 10.06.2019 also submitted that there is another school in Senchowa area, namely, Senchowa Amar Barkakoti High School, Senchowa, established in the year 1967 and verification of the records of the said High school from its original admission registrar, counter folio of certificates issued in the year 1978 by the said school and no such certificate in the name of the petitioner could be found to have been issued on 11.05.1978 by the said School.
Mr. Bhattacharjee, learned Standing Counsel, Elementary Education Department, also placed the inquiry report of the petitioner before the Court, which goes to show that in his GPF account, being PF Account No. PED 176500 before the Principal Accountant General (A&E), Assam, Guwahati, the petitioner has recorded his date of birth as 01.03.1955, which is available in the relevant record of the said Principal Accountant General (A&E), Assam.
To that extent, Mr. Bhattacharjee, learned Standing Counsel, Elementary Education Department also placed a copy of the original GPF Balance Sheet of the petitioner in his PF Account No. PED 176500, duly signed by the authority concerned, wherein his date of birth is reflected as 01.03.1955.
Considering the above, this Court is of the view that such disputed question of fact with regard to the actual date of birth of the petitioner claimed by him to be of 01.11.1956 cannot be considered in a writ jurisdiction, as the same can be ascertained only by recording the evidence of the concerned person before the appropriate forum. Moreover, the petitioner did not object his date of birth recorded as 01.03.1955 in his GPF Account.
Accordingly, this writ petition, being devoid of merit, stands dismissed.
JUDGE Comparing Assistant