Ghosh, J. - (1.) This appeal by the writ petitioner is directed against the judgment and order of a learned Single Judge of this Court dated 8th May, 1990 whereby and under the writ petition filed by the petitioner and registered as Civil Order No. 8664 (W) of 1988 was dismissed.
(2.) In the writ petition, the petitioner challenged the notice of superannuation dated 26th July, 1988 whereby and under it was stated that the petitioner will retire from service owing to attaining the age of superannuation on 31st July, 1988. This challenge was thrown on the ground that the petitioner's date of birth is 7th July, 1935 and not 7th July, 1928 on the basis whereof the impugned notice of superannuation had been issued.
(3.) It was the case of the petitioner in the writ petition that by a notice dated 13th August, 1984, the respondent No. 3 directed the petitioner to appear before him on 20th August, 1984 and, accordingly, the petitioner appeared and produced his School Leaving Certificate showing his date of birth as on 7th July, 1935 and, accordingly, the respondent No. 3 by an order dated 28th August, 1984 confirmed the date of birth of the petitioner as 7th July, 1935. Thereafter, by a Memo dated 19th November, 1984, the respondent No. 4 directed the petitioner to appear before him on 23rd November, 1984 as in the service roll of the petitioner there was overwriting. Subsequent thereto on 24th February, 1985, the respondent No. 5 calculated the age of the petitioner as 49 years 7 months and 18 days considering the date of birth of the petitioner to be 7th July, 1935. The petitioner was due to retire on completion of the age of 60 years and on 31st July, 1988, the petitioner did not complete 60 years.;