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2020 DIGILAW 624 (GAU)

Siba Prasad Baruah v. State Of Assam

2020-07-23

ACHINTYA MALLA BUJOR BARUA

body2020
JUDGMENT Achintya Malla Bujor Barua, J. - Heard Mr. S K Dewri, learned counsel for the petitioner. Also heard Mr. N Upadhaya, learned counsel for the Irrigation Department, Government of Assam and Ms. D Bora, learned counsel for the Accountant General of Assam. 2. The petitioner is presently serving as a Deputy Director, Design in the Irrigation Department of Government of Assam. As per the HSLC certificate issued by the Board of Secondary Education, Assam, the petitioner was 15 (fifteen) years 7(seven) months 24(twenty four) days on the first day of March, 1976. Accordingly, when he joined his service, his date of birth in the service record was recorded to be 07.07.1960 as provided the communication of the Under Secretary (E) to the Government of Assam in the Irrigation Department, to the Accountant General of Assam. 3. The petitioner in course of his service had discovered certain documents pertaining to the school records as per which his date of birth was 07.07.1961 and not 07.07.1960. In the circumstance, he made an application representation dated 25.09.2008 to the Secretary to the Government of Assam in the Irrigation Department stating that upon verification and upon the concerned papers having been found, his date of birth to be 07.07.1961 as per the records and not 07.07.1960 as shown in HSLC certificate. 4. The respondent authorities had not responded to the said application. The petitioner made reminder representations on 12.11.2008 and 27.10.2009, but again no action was taken. Subsequent thereto, the petitioner submitted another representation dated 15.06.2011 to the Secretary, but no action has been taken. All the 4 (four) representations are annexed as Annexure - 10, 11, 12 and 13 of the writ petition. 5. Being aggrieved that the representations by the petitioner had not been given consideration, this writ petition is instituted. Although in the writ petition, prayers are made for a direction to the respondent authorities to correct the date of birth of the petitioner, but at the time of hearing of the matter, Mr. S K Dewri insisted upon the prayer (B) which is for a direction to dispose of the aforesaid representations filed by the petitioner. 6. Although in the writ petition, prayers are made for a direction to the respondent authorities to correct the date of birth of the petitioner, but at the time of hearing of the matter, Mr. S K Dewri insisted upon the prayer (B) which is for a direction to dispose of the aforesaid representations filed by the petitioner. 6. We are of the view that without going into the merits of the claim of the petitioner that his date of birth would be 07.07.1961, but the petitioner having submitted at least 4 (four) representations and that to as far back in the year 2008 onwards, there was at least a legal right that accrued to the petitioner to have his representation being duly considered. As no consideration was made, we are of the view that the legal right of the petitioner to have such representations being considered had been violated. 7. Accordingly, this writ petition, as agreed upon by the learned counsel for the respondents, is disposed of with a direction to the Secretary to the Government of Assam in the Irrigation Department to give a consideration to the aforementioned representations of the petitioner dated 25.09.2008, 12.11.2008, 27.10.2009, 15.06.2011, and pass a reasoned order thereof. wxyz 7. It is clarified that a direction to give a consideration means the requirement to pass a reasoned order on the same and it is not be construed that it is a direction to the authorities to accept the claim of the petitioner as regards the correct date of birth. zyxw 8. The requirement be done within a period of 1 (one) month from the date of receipt of the certified copy of this order and any order be passed, a copy thereof be given to the petitioner, if necessary the petitioner be also given a hearing. 9. Writ petition stands disposed of in the above terms.