JUDGMENT : Heard Mr. A. Hassan, the learned counsel appearing on behalf of the petitioner and Ms. S. Sharma, the learned Standing counsel appearing on behalf of the Gauhati High Court. I have also heard Mr. C. Baruah, the learned Standing counsel appearing on behalf of the Accountant General. 2. This Court vide an order dated 19.03.2025 requested Mr. T.C. Chutia, the learned Standing counsel of the Assam State School Education Board to obtain instructions as regards the veracity of Annexure-1 and Annexure-2 to the writ petition which are the Admit Card and the Pass Certificate issued by SEBA. Today Mr. D. K. Roy, the learned Standing counsel who represents the Assam State School Education Board has placed before this Court an instruction issued by the Secretary, Assam State School Education Board wherein it has been categorically mentioned that the Admit Card and the Pass Certificate bearing Roll-K-068 No.0506 of HSLC Examination, 1983 found that the age was 16 years 8 months 00 days as on 01.03.1983. The said document is kept on record and marked with the letter “Y”. 3. In the backdrop of the above, let this Court take up the instant writ petition for disposal. 4. The petitioner herein on the basis of an order dated 08.10.1986 issued by the then District and Session Judge, Lakhimpur, North Lakhimpur was temporarily appointed as a Lower Division Assistant (LDA) in the Office of the Sub-Divisional and Judicial Magistrate (SDJM), Dhemaji attached to the Additional Public Prosecutor, Dhemaji. The petitioner joined on 29.12.1986 as LDA. Subsequently, the petitioner vide an order dated 05.08.1992 was confirmed as LDA which was issued by the Chief Judicial Magistrate, Dhemaji. After rendering continuous service, the petitioner was promoted as the Upper Division Assistant by an order dated 20.01.2006 issued by the CJM, Dhemaji and posted as a Bench Assistant to the Court of the Additional CJM Dhemaji. The petitioner joined his post as Bench Assistant on 20.01.2006 and presently the petitioner is working as the Supervisory Assistant (UDA) in the Office of the Chief Judicial Magistrate, Dhemaji, Assam. 5. The petitioner joined his post as Bench Assistant on 20.01.2006 and presently the petitioner is working as the Supervisory Assistant (UDA) in the Office of the Chief Judicial Magistrate, Dhemaji, Assam. 5. It is the specific case of the petitioner that at the time of joining as an LDA, the petitioner submitted the Admit Card and the HSLC Pass Certificate before the authority concerned; both the documents issued by Board of Secondary Education, Assam in order to record the actual date of birth of the petitioner in the Service Book. It is the further case of the petitioner that in terms with the Admit Card and the HSLC Pass Certificate issued by the Board of Secondary Education, Assam, the petitioner’s age was recorded as 16 years 8 months 0 days as on 01.03.1983. However, the Sub-Divisional Judicial Magistrate, Dhemaji wrongly recorded the date of birth of the petitioner in the service book as 05.03.1965 which ought to have been 01.07.1966. The petitioner had submitted a representation on 16.01.2025 before the CJM, Dhemaji for correction of his wrong recording of the date of birth. The said representation was rejected vide an order dated 30.01.2025. It is under such circumstances, the present writ petition was filed. 6. It is relevant to take note of that when the instant writ petition was moved before this Court, this Court vide an order dated 03.03.2025 issued notice and further directed the learned Standing counsel appearing on behalf of the Gauhati High Court to file a short affidavit as to whether the Admit Card as well as the Pass Certificate issued in the year 1983 by the Board of Secondary Education, Assam (SEBA) were the documents which were duly submitted by the petitioner at the time of appointment of the petitioner and further also produce the Service Book of the petitioner on the next date. The next date was fixed vide the order dated 03.03.2025 on 18.03.2025. 7. However, on 18.03.2025, no affidavit was filed as directed vide order dated 03.03.2025. Under such circumstances, this Court sought the appearance of the Chief Judicial Magistrate, Dhemaji at 2 PM through video conferencing mode so that the basis on which the petitioner's date of birth was inserted in the Service Book could be ascertained. 7. However, on 18.03.2025, no affidavit was filed as directed vide order dated 03.03.2025. Under such circumstances, this Court sought the appearance of the Chief Judicial Magistrate, Dhemaji at 2 PM through video conferencing mode so that the basis on which the petitioner's date of birth was inserted in the Service Book could be ascertained. The Chief Judicial Magistrate, Dhemaji appeared through video conferencing mode and apprised this Court that the appointment of the petitioner was made by the then District and Sessions Judge, North Lakhimpur as at that point of time, the Court at Dhemaji was a Sub-Divisional Court. The Chief Judicial Magistrate, Dhemaji further placed the scanned copy of the Service Book. 8. Upon perusal of the said Service Book, it appeared that the same was prepared as far back as on 27.08.1986 and in the said Service Book, the date of birth of the petitioner was mentioned as 05.03.1965. This Court duly enquired as to on what basis, the said date of birth was inserted. However, the Chief Judicial Magistrate, Dhemaji could not provide an answer on what basis the said date of birth was entered. Accordingly, this Court fixed the matter on 19.03.2025 at 2 PM for further hearing of the matter. On19.03.2025, the instant writ petition was heard. 9. Taking into account that the Authority who was In-Charge of inserting the entries in the Service Book of the petitioner was not aware as regards how the date of birth of the petitioner was inserted as 05.03.1965 in the Service Book, this Court for the ends of justice requested Mr. T. C. Chutia, the learned Standing counsel for the Assam State School Education Board to verify as to whether the Admit Card as well as the Pass Certificate enclosed as Annexure-1 and Annexure-2 to the writ petition were genuine inasmuch as, the date of birth have been duly mentioned in the said two documents. It is under such circumstances, Mr. D. K. Roy, the learned Standing counsel has produced the document today as already observed which have been kept on record and marked with the letter “Y”. 10. I have heard the learned counsels appearing on behalf of the parties and given my anxious consideration. 11. It is under such circumstances, Mr. D. K. Roy, the learned Standing counsel has produced the document today as already observed which have been kept on record and marked with the letter “Y”. 10. I have heard the learned counsels appearing on behalf of the parties and given my anxious consideration. 11. From a perusal of the scanned copy of the Service Book of the petitioner, it is apparent that the entries were inserted first on 27.08.1986 by the then Sub-Divisional Judicial Magistrate, Dhemaji. In the Column No.5, it was mentioned that the date of birth was 05.03.1965. The present Controlling Authority of the petitioner however is not aware of the basis on which the said date of birth was inserted. This Court is aware of the fact that the petitioner herein ought to have agitated the said aspect of the matter when the gradation list was prepared wherein his date of birth was mentioned as 05.03.1965. 12. Be that as it may, the entry of the date of birth in the Service Book is required to be entered into on the basis of certain documents. The petitioner herein, at the time of his appointment had passed his HSLC Examination. The genuineness of the documents i.e. Annexure-1 and Annexure-2 have been duly verified by the Assam State School Education Board as would appear from the document kept on record and marked with the letter “Y”. 13. From the said document marked with the letter “Y” read along with the Admit Card and Pass Certificate of the petitioner, it is therefore apparent that the petitioner’s age was 16 years, 8 months, 00 days as on 01.03.1983 and on the basis of that, the petitioner's date of birth ought to have been recorded in the Service Book as 01.07.1966. On account of an erroneous insertion of the date of birth of the petitioner by the then Controlling Authority, the petitioner cannot be deprived of his due right to continue in the post. 14. On account of an erroneous insertion of the date of birth of the petitioner by the then Controlling Authority, the petitioner cannot be deprived of his due right to continue in the post. 14. In that view of the matter, the instant petition stands disposed of with the following observations and directions: (i) The Chief Judicial Magistrate, Dhemaji is directed to correct the Service Book of the petitioner on the basis of the date of birth mentioned in the Admit Card as well as the Pass Certificate issued by the Board of Secondary Education, Assam wherein it is being mentioned that the petitioner was 16 years 8 months 0 days old as on 01.03.1983 which would be 01.07.1966. (ii) On the basis of the said correction made in the Service Book, the Chief Judicial Magistrate, Dhemaji shall issue appropriate communications to the to the Judicial Department of the Government of Assam, the Gauhati High Court in the Administrative Side as well as to the Office of the Accountant General so that the said authorities can do the needful on the basis of the corrected date of birth in the Service Book. 15. Before parting with the records, this Court finds it relevant to take note of the submission of Mr. A. Hassan, the learned counsel to the effect that further specific directions are required to be issued to the Office of the Accountant General that in the GPF portal, the correct date of birth should be now inserted. Mr. C. Baruah, the learned Standing counsel submits that upon receipt of the information from the Chief Judicial Magistrate, Dhemaji as directed by this Court, the Office of the Accountant General shall do the needful.