Page No.# 1/4 GAHC010115292024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3075/2024 KARUNA DAS SON OF LATE MUKTA RAM DAS, RESIDENT OF VILLAGE- KANDUPUR, P.O. MONIARI TINIALI AND P.S. POLASBARI, DISTRICT- KAMRUP (M), ASSAM, PIN- 781125 VERSUS THE STATE OF ASSAM AND 7 ORS. REPRESENTED BY THE COMMISSIONER AND SPECIAL SECRETARY TO THE GOVT. OF ASSAM, PWR DEPARTMENT, DISPUR, GHY-6 2:THE UNDER SECRETARY TO THE GOVT. OF ASSAM PWRD (AUDIT BRANCH) DISPUR GUWAHATI-06 3:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-06 4:THE PRINCIPAL ACCOUNTANT GENERAL (A) AND (E) ASSAM MAIDAMGAON BELTOLA GUWAHATI-29 5:THE CHIEF ENGINEER P.W.D. (ROADS) ASSAM CHANDMARI GHY-3 Page No.# 2/4 6:THE TREASURY OFFICER AMINGAON GUWAHATI KAMRUP ASSAM 7:THE EXECUTIVE ENGINEER P.W.D. SOUTH KAMRUP (M) TERRITORIAL ROAD DIVISION MIRZA PALASBARI- 781125 8:THE EXECUTIVE ENGINEER P.W.D. GUWAHATI ROAD DIVISION GHY- Advocate for the Petitioner : MR. J KALITA, MR SOHAING Advocate for the Respondent : SC, FINANCE DEPTT., SC, PWD,SC, AG BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 24-03-2025 Heard Mr. J. Kalita, learned counsel for the petitioner. Also heard Ms. M. Das, learned standing counsel, PWD and Ms. S. Sarma, learned counsel appearing on behalf of Mr. B. Sarma, learned counsel for the respondent No.4. 2. By filing this writ petition, the petitioner has sought for a direction to the respondent authorities to rectify his date of birth in terms of the order passed by this Court on 11.12.2012 in WP(C) 1136/2012. The petitioner has also prayed for release of the salary of the petitioner from December, 2012 to till date along with interest @ 18% per-annum and also for consequential benefits including promotion to the petitioner. 3. The case, in nutshell, projected by the petitioner, in nutshell, is that the petitioner was appointed as Muster Roll Worker in G.R.D. Division, PWD, whose service has been regularized subsequently. Since then, the petitioner is serving continuously in the department. It is contended that the date of birth of the petitioner has been wrongly recorded in the service book as 01.01.1953 instead of 01.01.1973. 4. The Assistant Engineer, PWD, Mirza Rural Sub-Division has written to the Executive Engineer, Page No.# 3/4 PWD Guwahati Road Division on 03.08.2011, based on the school certificate, stating that the petitioner’s date of birth is 01.01.1973 and on that basis his date of retirement would be 31.12.2032, and therefore required to be corrected. 5. Being aggrieved of having not been taken any action for correction of his date of birth, the petitioner approached this Court by filing WP(C) 1136/2012, and the same was disposed of vide order dated 11.12.2012, having found that the date of birth was wrongly recorded in the service book as 01.01.1953 and after due verification, it has been found that the date of birth is 01.01.1973, this Court has directed that a consequential decision should be taken so that no prejudice is caused to the petitioner. Accordingly, the respondent authorities particularly, the Commissioner & Special Secretary to the Government of Assam, PWD to pass a consequential order on the departmental proposal submitted for correction of date of birth of the petitioner as 01.01.1973. It has also been provided that considering the fact that the petitioner would otherwise prematurely retire on 31.12.2012, such decision be taken before that date and communicated to all concerned including the petitioner. 6. Mr. J. Kalita, learned counsel for the petitioner has strenuously urged that despite the order of this Court for correction of the date of birth vide order dated 11.12.2012, the respondent authorities have slept over the matter and till date, no correction has been made, which has caused serious prejudice to the petitioner and therefore, he submits that direction may be issued to the respondent authorities to correct the date of birth as directed by this Court vide order dated 11.12.2012, and to grant all consequential benefits including salary and promotion from 2012 to till date. 7. On the other hand, Ms. 7. On the other hand, Ms. M. Das, learned standing counsel, PWD, while referring to the affidavit- in-opposition filed by the respondents No.2, submits that the petitioner has never approached the competent authority for correction of the date of birth even after the order dated 11.12.2012 passed by this Court. The petitioner has only approached in the year 2024, by way of legal notice, on which the department has immediately initiated the process, which is yet to be completed. She submits that the petitioner has not vigilant enough and has never approached the competent authority for correction of his date of birth for 12 years and remained absent from his duty during the said period of 12 years. Therefore, she submits that the petitioner, except for correction of the date of birth, is not entitled for any benefits for the period of 12 years as he has not been in the service for this long 12 years. 8. Having considered the submission of the learned counsel for the parties and on perusal of the materials available on record, I find that the writ petition can be disposed of with a direction to the respondent authorities to pass an appropriate order within reasonable time frame in view of the fact that Page No.# 4/4 this Court on 11.12.2012 in WP(C) 1136/2012 having found that the date of birth of the petitioner was wrongly recorded in his service book as 01.01.1953, whereas, the date of birth ought to have been 01.01.1973, directed the Commissioner & Special Secretary to the Government of Assam, PWD to pass consequential order on the departmental proposal submitted for correction of the date of birth of the petitioner as 01.01.1973 and also take a decision before 31.12.2012 having considered that the petitioner would otherwise prematurely retire on that date. 9. Accordingly, the writ petition is disposed of with a direction to the respondent authorities particularly Commissioner, PWD, Govt. of Assam to pass an appropriate order for correction of date of birth of the petitioner in his service book from 01.01.1953 to 01.01.1973 within a period of 1 (one) month from today. 10. So far as the claim for salary and consequential benefits including promotion, claimed by the petitioner, this Court is of the view that the same can be raised before the appropriate authority by the petitioner. It is observed that the petitioner on his own showing appears to have not been in service for 12 years after passing of the order dated 11.12.2012 by this Court for correction of his date of birth. It is only in 2024, a legal notice appeared to have been issued to the authorities of the PWD for correction of the date of birth. Be that as it may, the respondent authorities may consider the claim of the petitioner and pass appropriate orders in accordance with law. 11. Writ petition is accordingly, disposed of. JUDGE Comparing Assistant