SUJOY PAUL, J. - (1.)Heard.
(2.)This is second visit of the petitioner to this Court aggrieved with the action of the respondents in retiring him on the basis of date of birth recorded in the service record, whereas the claim of the petitioner is based on the age certificate (Annexure-P/4), whereby his age was assessed as 45 years' in September, 2005.
(3.)The contention of Mr. Gupta is of two folds. Firstly, it is submitted that petitioner's age certificate was issued on the basis of request made by the department and if department was aggrieved by said age certificate, it should have been challenged before the appropriate Forum. Secondly, after about 13 years' from the date of issuance of said medical certificate, it is not open to the respondents to take a different view on petitioner's date of birth.