Ramesh Ch. Das. vs State of Assam and Others

V.D. Gyani, J.—This Writ Appeal arises out of judgment and order dated 18.6.97 passed by a learned Single Judge of this Court in Civil Rule No. 2750/ 97, thereby dismissing the writ petition preferred for seeking change in the date of birth on the eve of retirement.

Learned Counsel for the writ Petitioner Appellant vehemently urged that the Petitioner''s case was not considered by the learned Single Judge in the light of the facts averred by him. The basic fact is that the Petitioner had while entering service, having declared his date of birth approached the authorities Just on the eve of his retirement so as to secure the extension of tenure. It was repeatedly urged that he is in Class-IV employment. By now, in umpteen cases the Supreme Court has repeatedly pointed out that invoking extra-ordinary jurisdiction under Article 226 in such matter is unnecessary and does not entitle an employee to invoke the jurisdiction. The latest judgment on this point is Union of India Vs. C. Rama Swamy and others, wherein the Supreme Court has held that alter the acceptance of the date of birth as already declared the Rules do not permit determination of date of birth subsequently by taking into account other materials.

This Writ Appeal is devoid of any merits, it is summarily dismissed without notice to the opposite party.