Satyabrata Sinha, J. - (1.) This application is directed against the judgment and order dated 28.4.89 passed by the West Bengal Administrative Tribunal in OA No. 972 of 1997 whereby and where under the writ application filed by the petitioner questioning the legality of the order dated 30th June, 1997 was dismissed. In terms of the said order dated 30.6.97 it was directed: "On perusal of the Verification Roll the only suitable document and other connected records, I am convinced that the actual date of birth of the petitioner is on 1939 and he is due to retire from service with effect from 30.6.97 PH after attaining the age of 58 years. Hence he is declared to have retired from service on superannuation pension with effect from 30.6.97 PM."
(2.) The fact of the matter is not much in dispute. The petitioner was appointed in the year 1961 as a Police Constable. It is not also in dispute that the terms and conditions of his service are governed by the Police Regulations of Bengal, 1943.
(3.) According to the petitioner, in the service book, his date of birth was recorded as 1940 and having regard to the fact that no date or month was recorded, he was asked to produce a certificate from the school for the purpose of removing the anomalies, pursuant whereto he filed a certificate from the Headmaster, Radhakrishun M.T. School dated 12.3.86 wherein his date of birth was mentioned as 1.2.41. Allegedly the petitioner was to be heard by the respondent No. 3 on 27.6.97. The petitioner alleged that on that date he had gone before the said respondent but he was not available, whereas according to the said respondent, the petitioner did not turn up where after, as indicated hereinbefore, the order impugned before the learned Tribunal dated 30.6.97 was passed.;