Page No.# 1/4 GAHC010071402025 2025:GAU-AS:9803 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1931/2025 NITYANANDA RABHA S/O LATE HARSING RABHA, R/O VILLAGE- DAMRA PATPARA, P.S- DUDHNOI, P.O- DAMRA, DISTRICT GOALPARA, ASSAM, PIN-783122 VERSUS THE STATE OF ASSAM AND 4 ORS. REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, IRRIGATION DEPARTMENT, DISPUR, GUWAHATI-781006 2:THE CHIEF ENGINEER IRRIGATION DEPARTMENT CHANDMARI GUWAHATI-781003 3:THE EXECUTIVE ENGINEER DUDHNOI DIVISION (IRRIGATION) DUDHNOI GOALPARA ASSAM PIN-783124 4:THE ASSISTANT EXECUTIVE ENGINEER DUDHNOI SUB DIVISION (IRRIGATION) DUDHNOI GOALPARA ASSAM PIN-783124 5:DISTRICT MAGISTRATE GOALPARA DIST- GOALPARA ASSA Page No.# 2/4 Advocate for the Petitioner : MR. T DEURI, U BHARADWAJ,MS A DAS,J RABHA Advocate for the Respondent : SC, IRRIGATION, GA, ASSAM BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER 30.07.2025 Heard Mr. T. Deuri, learned counsel for the petitioner. Also heard Ms. D.S. Neog, learned Standing Counsel, Irrigation Department, Assam. 2. By way of this petition under Article 226 of the Constitution of India, the petitioner is assailing the action on the part of the respondent authorities in superannuating the petitioner from his service on 30.04.2020 at the age of 50 years and 1 month without considering the actual date of birth of the petitioner as recorded in the school admission register, i.e., 30.03.1970. 3. It appears that the controversy raised in the present writ petition pertains to the petitioner’s claim for correction of his date of birth in the service book. Upon issuance of notice by this Court on 07.04.2025, today, when the matter has come, Ms. D.S. Neog, learned Standing Counsel, Irrigation Department places a copy of the instruction dated 07.05.2025. 4. A copy of the instruction dated 07.05.2025 is also furnished to Mr. T. Deuri, learned counsel for the petitioner, which reads as hereunder:- “GOVERNMENT OF ASSAM IRRIGATION DEPARTMENT:: ESTABLISHMENT BRANCH DISPUR: GUWAHATI-781006 Page No.# 3/4 No. IGN(E) 646106/203 Dated Dispur, the 07-05-2025 To: Ms. Dipty Shikha Neog, Standing Counsel, Irrigation Department, Assam Gauhati High Court, Guwahati E-mail- dshikhaneog@gamail.com Sub: Matter relating to W.P.(C) No.1931/2025, Sri Nityananda Rabha- Vs- State of Assam. Ref: Your letter No. DSN/SC-IRRI./2024-25/10, dtd.24/04/2025. Sir, In inviting a reference to the subject & letter cited above, I am directed to inform you that proposal for correction of date of birth of Sri Nityananda Rabha shall be placed before the committee constituted for the same. A meeting of the committee will be convened shortly and on recommendation of the committee, date of birth of the incumbent will be corrected and accordingly he would be reinstated in his post. This is for your information and necessary action. Yours faithfully, Digitally signed by BIMAL KUMAR BARUAH Date: 07-05-2025 13:47:45 Deputy Secy. (E) to the Govt. of Assam Irrigation Department, Guwahati-6” 5. Reading of the aforesaid instruction, it appears that since the respondent authorities have proposed correction of date of birth of the petitioner and placed the same before the committee constituted for the same, which is stated to be convened shortly and upon recommendation of the committee, date of birth of the incumbent will be corrected and accordingly, he would be reinstated in his post. Page No.# 4/4 6. Upon a pointed query being put to Mr. T. Deuri, learned counsel for the petitioner, as whether the instant writ petition can be disposed of at this stage on the basis of the aforesaid instruction placed before this Court, he responded in the affirmative. It is worthwhile to mention that Ms. D.S. Neog, learned Standing Counsel, Irrigation Department submits that as per the said instruction, the grievance of the petitioner raised in the instant writ petition shall be met with. 7. That being so, I am of the view that the instant writ petition, in the interest of justice, can be disposed of with a direction to the respondent authorities to convene the meeting of the committee as suggested within a period of 3 (three) weeks from the date of receipt of a certified copy of this Court order and upon the proposal for correction of date of birth of the petitioner being placed before the aforesaid committee, the same shall be considered in accordance with law, within a period of 1 (one) month thereof. 8. Ordered accordingly. 9. The Writ Petition stands disposed of. 10. A copy of the instruction dated 07.05.2025 is kept on record and marked as ‘X’. JUDGE Comparing Assistant