WP(C)/7361/2021 of SMTI. ANNAPURNA SUTRADHAR Vs THE STATE OF ASSAM AND 4 ORS on 29 December 2021

GAHC010228742021

THE GAUHATI HIGH COURT

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

Case No. : WP(C)/7361/2021

SMTI. ANNAPURNA SUTRADHAR

D/O LATE MOTILAL SUTRADHAR, W/O SRI BIMAN CHAKRABORTY, R/O QTR NO. VII (M) 612, CAPITAL COMPLEX, DISPUR, ASSAM SACHIVALAYA, GUWAHATI, DIST-KAMRUP(M), ASSAM-781006

VERSUS

THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, SECRETARIAT ADMINISTRATION DEPARTMENT, DISPUR, GUWAHATI-6

2:THE SECRETARY TO THE GOVT. OF ASSAM

SECRETARIAT ADNMINISTRATION DEPARTMENT

DISPUR GUWAHATI-6

3:THE DEPUTY SECRETARY TO THE GOVT. OF ASSAM SECRETARIAT ADMINISTRATION DEPARTMENT (GAZETTED CELL) DISPUR GUWAHATI-6

4:THE COMMISSIONER AND SECRETARY TO THE GOVERNMNET OF ASSAM CULTURAL AFFAIRS DEPARTMENT DISPUR GUWAHATI-781006

5:THE SECRETARY TO THE GOVT. OF ASSAM

CULTURAL AFFAIRS DEPARTMENT DISPUR

GUWAHATI-78100

Advocate for the Petitioner : MR B D DAS

Advocate for the Respondent : SC, SAD

Date : 29-12-2021

BEFOREHONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIAORDER

Heard Mr. P.T. Das the learned counsel appearing for the petitioner. Alsoheard Mr. P. Nayak, the learned standing counsel for the SecretariatAdministration Department, appearing for the respondent nos. 1, 2 and 3 andMr. S.R. Buraguhain, the learned Junior Government advocate appearing forrespondent nos. 4 and 5.

This is an application under Article 226 of the Constitution.

Issue involved in this writ petition lies within a very short canvass.The petitioner by referring to the service book submits that she was bornon 25.12.1962, and her date of retirement is on 31.12.2022. These factsare also mentioned in deferent I-card, pan card etc. Now, the petitionerstates that in the corrected service book her date of birth is shown as25.12.1961. Therefore, she is going to retire on 31.12.2021. The petitioneris aggrieved by the aforesaid notification because she claim that she wasactually born on 25.12.1962.

The learned counsel appearing for the respondent submitted thataccording to the HSLC School certificate the date of birth of the petitioner is 25.12.1961. The learned counsel furthersubmits that in the year 2017-2018, the service book of the secretariatemployees were digitized and at that time, employees were asks to givetheir details so that details can be digitized. The learned counsel furthersubmits that at that time, the petitioner gave her date of birth as25.12.1962 whereas School certificate of HSLC clearly shows that she wasborn on 25.12.1961.

From the documents available in the record as well as after hearingthe learned counsel for the respondents, this Court is of the pinion thatthere is a dispute regarding the date of birth of the petitioner.

It may be stated that the petitioner has filed a representation before the Chief Secretary to the Government of Assam, praying for correcting herdate of birth.

After hearing both sides, this court is of the opinion that therepresentation which is yet to be disposed of by the Chief Secretary of theGovernment of Assam may be disposed of first. It is hereby directed thatthe representation of the petitioner filed before Chief Secretary ofGovernment of Assam and Commissioner Secretary SA, praying forcorrection of the date of birth shall be disposed of within the month ofFebruary/2022.

With the aforesaid direction, this writ petition stands closed.

This Court shall not express any opinion about the controversyrelating to the date of birth of the petitioner. It shall be open to theGovernment of Assam to decide the same by hearing both sides.

JUDGE

Comparing Assistant