JUDGMENT : ACHINTYA MALLA BUJOR BARUA, J. 1. Heard Mr. S. Islam, learned counsel for the petitioner, Mr. J.K. Goswami, learned Additional Senior Government Advocate appearing for the respondents No. 1, 4, 5 and 6 being the authorities in the Animal Husbandry and Veterinary Department of the Government of Assam, Mr. A. Chaliha, learned counsel for the respondent No. 2 being the authority in the Finance Department and Mr. A. Hasan, learned counsel for the respondent No. 3 being the authority in the Accountant General (A&E), Assam. 2. The petitioner was appointed as a Muster Roll worker in the Project Officer (Crash) Intensive Eggs and Poultry Production cum Marketing Centre, Khanapara, Guwahati and he joined his engagement on 01.01.1987 and has continuously been discharging his duties thereafter. By the order dated 30.01.2021 of the Project Officer (Crash) Intensive Eggs and Poultry Production cum Marketing Centre, Khanapara, Guwahati, the petitioner was released from Government service on 31.01.2021 on the ground that he had attained the age of superannuation as on 31.01.2021. 3. The petitioner relies upon a school transfer certificate of the Headmaster/Principal of Amayapur Alengidal Adarsha Uccha Madhyamic School in the Nalbari district, which is dated 10.04.2003 to substantiate that his date of birth is 01.03.1968. The said certificate of the school is also available in the records maintained by the respondent authorities. Further, the Service Book of the petitioner, which was opened on 06.07.2006 also shows that the date of birth of the petitioner is 01.03.1968. While being engaged as a Muster Roll worker, the petitioner was issued an Identity Card from the office of the Project Officer (Crash) Intensive Eggs and Poultry Production cum Marketing Centre, Khanapara, Guwahati, showing the date of birth of the petitioner to be 01.03.1968 and the Pan Card issued to the petitioner by the Income Tax Department also shows his date of birth to be 01.03.1968. 4. If it is understood by the respondents that the petitioner would superannuate from service on 31.01.2021, it is to be that he had attained the age of 60 years as on the said date. In order to attain the age of 60 years as on 31.01.2021, the petitioner would have to be born sometime in the year 1961 and not 1968. 5. In order to attain the age of 60 years as on 31.01.2021, the petitioner would have to be born sometime in the year 1961 and not 1968. 5. In order to substantiate the order impugned dated 30.01.2021, the respondents relied upon a list of Muster Roll workers in the Department, wherein the date of birth of the petitioner is shown to be 01.02.1961. 6. We required the respondents to produce from the record as to what material was available before the Department, so as to prepare the list of Muster Roll workers of the Department showing the petitioner to have his date of birth as 01.02.1961. We have been told that apart from the list itself, no further material is available for the purpose. 7. The list of Muster Roll workers prepared by the Department would be a secondary document to indicate the date of birth of the petitioner inasmuch as the said entry has to be based upon some other primary material in order to arrive at the date of birth recorded therein. On the other hand, the document like the school transfer certificate would have to be understood to be a primary document indicating the date of birth and further, all the documents maintained by the Department including the Service Book also show the date of birth of the petitioner to be 01.03.1968. Further, the Pan Card and the Identity Card issued to the petitioner also bears the same date. 8. In view of the above, we are unable to sustain the order dated 30.01.2021 of the Project Officer (Crash) Intensive Eggs and Poultry Production cum Marketing Centre, Khanapara, Guwahati providing that the petitioner would superannuate from service on 31.01.2021 for the reason of there being inadequate material to support the said order. 9. Accordingly, the order dated 30.01.2021 is set aside. The implication of setting aside the order dated 30.01.2021 would be that the act of the respondents to retire the petitioner from service from 31.01.2021 would be unsustainable in law, meaning thereby that the petitioner would have to be understood to be still in service. 10. However, liberty remains with the respondents to proceed against the petitioner as per law, if any reliable material is available to arrive at a conclusion that the date of the petitioner may be contrary to the accepted date of birth i.e. 01.03.1968. 11. Writ Petition is allowed as indicated above. 10. However, liberty remains with the respondents to proceed against the petitioner as per law, if any reliable material is available to arrive at a conclusion that the date of the petitioner may be contrary to the accepted date of birth i.e. 01.03.1968. 11. Writ Petition is allowed as indicated above. 12. The records are returned back. The list of Muster Roll workers relied upon by the respondents is kept on record.