Page No.# 1/3 GAHC010045632025 2025:GAU-AS:2596-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WA/78/2025 PHULATON GOGOI S/O- TULESWAR GOGOI, R/O- VILLAGE- LACHIT NAGAR, CHAPAKHOWA, P.O.- CHAPAKHOWA, DIST.- TINSUKIA, ASSAM. VERSUS 1: THE STATE OF ASSAM AND 6 ORS REPRESENTED BY THE SECRETARY, DEPARTMENT OF SCHOOL EDUCATION, ASSAM, DISPUR, GUWAHATI- 781006. 2:THE COMMISSIONER AND SECRETARY PENSION AND PUBLIC GRIEVANCES GOVT. OF ASSAM DISPUR GHY-06. 3:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GHY-06. 4:THE DIRECTOR OF PENSION HOUSEFED COMPLEX DISPUR GHY-06. 5:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GHY- 781019. 6:THE DISTRICT ELEMENTARY EDUCATION OFFICER TINSUKIA P.O. AND DIST.- TINSUKIA ASSAM PIN- 786125. 7:THE DEPUTY INSPECTOR OF SCHOOLS SADIYA CHAPAKHOWA DIST.- TINSUKIA ASSAM PIN- 786157 For the Appellant(s) : Mr. M. Khan, Advocate. For the Respondent(s) : Ms. K. Das, Standing Counsel, (Elementary) Department for respondent Nos.1, 5, 6 & 7. : Mr. N. Das, Junior Government Advocate, Assam for respondent Nos.2 & 4. Page No.# 2/3 – B E F O R E – HON’BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON’BLE MR. JUSTICE KAUSHIK GOSWAMI 12.03.2025 (Vijay Bishnoi, CJ) This writ appeal is preferred by the appellant being aggrieved with the order dated 05.02.2025 passed by the learned Single Judge in WP(C) No.4645/2024. The appellant was appointed as an Assistant Teacher in Nabajyoti L.P. School under Sadiya Education Block in the year 1994. As per the High School Leaving Certificate (HSLC) and Admit Card issued to the appellant for appearance in the HSLC Examination, the date of birth of the appellant was 01.09.1960 but in the Service Book (Part-II) of the appellant, his date of birth was recorded as 13.01.1965 on the basis of an affidavit filed by the father of the appellant. The respondents, while retiring the appellant from service, had ordered for recovery of all salary drawn by the appellant for the period for which he overstayed in service, i.e. from 01.10.2020 to 30.06.2024, which was challenged by the appellant before the Writ Court. The learned Single Judge has observed that though the appellant was due to retire on 30.09.2020 as per the date of birth entered in the High School Leaving Certificate and Admit Card, but on account of wrong date of birth entered in the Service Book (Part-II), the appellant continued in the service up to 30.06.2024, i.e. more than 4(four) years after attaining the age of superannuation. The learned Single Judge, while recording a finding that there was a misrepresentation on the part of the appellant, has also observed that the State Authorities are also negligent in recording an incorrect date of birth of the appellant in the Service Book (Part-II) on the basis of an affidavit filed on behalf Page No.# 3/3 of the father of the appellant. Accordingly, the learned Single Judge has ordered that only 50% of the salary drawn by the appellant for the extended period be recovered from him. After attempting to argue the matter for quite some time, Mr. M. Khan, learned counsel for the appellant, on instructions, has submitted that he does not want to press this writ appeal. Hence, the writ appeal is dismissed as not pressed. JUDGE CHIEF JUSTICE Comparing Assistant