Disposed

Chandrababu Das v. the State of Assam and 4 Ors.

Gauhati HC20 Dec 2021WP(C)/2307/2019

Case brief

AI extract

What is this about?

The Gauhati High Court dismissed a writ petition by a petitioner wrongfully superannuated due to an incorrect date of birth. Finding no dispute on the incorrect date by the department, the Court directed the petitioner to file a fresh representation with proof. It directed the Director of Health Services to issue a speaking order on correction within four weeks and to reinstate the petitioner if c

What did the court decide?

Petitioner directed to file fresh representation with proof; Director to pass speaking order on correction within four weeks; reinstatement and back wages to be considered if date of birth corrected.

Chandrababu Das Vs the State of Assam and 4… — Pension and Retirement Benefits | Gauhati HC (2021)

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Page No.# 1/4

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GAHC010074612019

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

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Case No. : WP(C)/2307/2019

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CHANDRABABU DAS

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S/O. LT. PRABHAT CHANDRA DAS, R/O. HOUSE NO. 1368, NETAJI SARANI BOTERTAL, MEHERPUR, DIST. CACHAR, ASSAM.

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VERSUS

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THE STATE OF ASSAM AND 4 ORS. REP. BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM, HEALTH AND FAMILY WELFARE DEPTT., DISPUR, GUWAHATI-06.

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2:THE ACCOUNTANT GENERAL (A AND E)

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ASSAM MAIDAMGAON BELTOLA GUWAHATI-29.

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3:THE DIRECTOR OF HEALTH SERVICES

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ASSAM HENGRABARI GUWAHATI-36.

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4:THE TREASURY OFFICER

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CACHAR TREASURY SILCHAR.

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5:THE JOINT DIRECTOR OF HEALTH SERVICE

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CACHAR SILCHAR

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Page No.# 2/4

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Advocate for the Petitioner : MR. M C DAS

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Advocate for the Respondent : SC, HEALTH

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BEFORE

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THE HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY order

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20.12.2021

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Heard Mr. SP Choudhury, learned counsel for the petitioner. Also heard Ms. S Sarma, learned standing counsel for respondent Nos. 1,3 and 5 and Mr. R Dhar, learned standing counsel AG (A&E).

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The grievance raised in this writ petition is that the petitioner, who was serving as Health Assistant and subsequently was promoted to Sanitary Inspector was wrongfully superannuated from his service on 28.02.2019. The petitioner contends that in the year 2014, he came to know that in his service book, the date of birth was recorded as 04.02.1959, whereas his actual date of birth is 28.02.1962. Being situated thus, he immediately represented before the competent authority on 19.07.2014 annexing therewith his admit card issued by the Board of Secondary Education, Assam and also his HSLC pass certificate to show his actual date of birth as 28.02.1962 and prayed for correction of his date of birth. According to the petitioner, though the Joint Director of Health Services, Cachar, Silchar duly communicated the said grievance of the petitioner to the Director of Health Services, nothing was forthcoming. Accordingly, he has filed the instant writ petition. In the meantime, the petitioner went on

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Page No.# 3/4

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superannuation on 28.02.2019 as per wrong date of birth recorded in his service book, submits Mr. Choudhury, learned Counsel for the petitioner.

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The Director of Health Services has filed an affidavit-in-opposition, inter-alia, contending that there are some miscommunications between the Joint Director of Health Services, Cachar and the Director of Health Services at Guwahati. The Directorate at Guwahati has not received those communications from the Joint Director, Health Services, Cachar, Silchar which recommended correction of date of birth of the petitioner and accordingly, there was no occasion for the Director to pass any order on the alleged representation filed by the petitioner.

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Reading of the affidavit in opposition filed by the Department discloses that the respondent authority has not specifically disputed the date of birth of the petitioner, which the petitioner wants to be got corrected but they have taken a stand that in absence of the issue being placed before the Director, Director Could not pass any order on the date of birth of the petitioner.

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In that view of the aforesaid admitted position, this court is of the view that the petitioner has a right of consideration for correction of his date of birth inasmuch as the petitioner had applied for correction of his date of birth in due time i.e. prior to 3 years from the actual date of superannuation. Therefore, this court proposes to dispose of the present writ petitioner in the following terms:

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I. The petitioner, within 10 days from today, will file a fresh representation along with his proof of actual date of birth before the Director of Health Servises, Assam.

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II. On receipt of such representation, the Director shall with four weeks thereafter, pass a speaking order regarding the correction of death of Birth of the petitioner.

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Page No.# 4/4

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III. In the event, the date of birth is corrected, the petitioner shall forthwith be reinstated in his service and in happening of such event, the Director will consider the grant of back wages to the petitioner and pass an reasoned order.

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IV. If the petitioner is aggrieved by the speaking order to be passed by virtue of this order, the petitioner will be at liberty to approach this court once again.

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With the aforesaid observations and directions, this writ petition is disposed of, however, the parties will bear their own costs.

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JUDGE

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Comparing Assistant

Chandrababu Das v. the State of Assam and 4 Ors.

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Chandrababu Das v. the State of Assam and 4 Ors.

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