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2015 DIGILAW 238 (GAU)

IDRISH ALI v. STATE OF ASSAM

2015-02-27

MANOJIT BHUYAN

body2015
ORDER(ORAL) (Manojit Bhuyan, J) Heard Mr. M.H. Choudhury, learned counsel appearing for the appellant as well as the State Counsel representing the respondents. 2. Challenge made in this appeal is in respect of the order dated 03.11.2014 passed in WP(C) No. 2080/2014 as well as the communication contained in Memo No. RR/58/2011-14/36 dated 25.02.2014 whereby the Superintendent of Police (Commn.) HQ-II Ulubari, Guwahati-7 informed the appellant that his application dated 28.01.2014 for correction of his date of birth cannot be entertained on grounds that prayer had not been made prior to 3 years from the date of his actual superannuation. The appellant was informed that his prayer is time barred in view of SR 8(c) of FR & SR. 3. The challenge to the said communication dated 25.02.2014 was rejected by the aforesaid order dated 03.11.2014 passed in WP(C) No. 2080/2014. Hence the present appeal. 4. The learned Single Judge while determining the merit of the appellant’s case, had noticed that on the date of entering into service the appellant himself had declared his date of birth and the same was recorded in the Service Book and it was on that basis the date of superannuation of the appellant was fixed on 31.03.2016. Noticing the fact that the appellant had made the representation almost 30 years after he had entered into service and relying upon the provisions of SR 8(c) of the FR & SR, the learned Single Judge conclusively held that there was no reason to interfere in the case. As a necessary corollary, the writ petition was dismissed. 5. Having heard arguments from both sides and considering the provisions of SR 8(c) of the FR & SR, the appellant has failed to make out a case warranting interference of this Court. The Annexure ‘E’ communication dated 25.02.2014 as well as order dated 03.11.2014 passed in WP(C) No. 2080/2014 does not call for interference. The appeal being without merit must suffer dismissal, which is accordingly done, however, without any order as to costs.