Jayanta Kumar Biswas - (1.) TAMALI , the original first petitioner in this WP under art. 226 dated September 10, 2003, died during the pendency of the WP. Anu, the original second petitioner, is a daughter of Tamali whose other heirs and legal representatives have been substituted for her. Gourhari, Tamali's husband and Anu's father, was working in Kolkata Municipal Corporation (in short KMC). He was appointed on January 1, 1962, and at that date he was in possession of a Certificate of Registration dated December 15, 1961 issued under s. 5(1)(c) of the Citizenship Act, 1955.
(2.) IN connection with his appointment, Gourhari appeared before the Health Officer of KMC and declared his age as 24. In the certificate issued by the Health Officer it was recorded that he appeared to be 26. On the basis of such certificate his age was recorded as 26 at the date of his appointment. According to such recorded age he was to retire on February 1, 1997. Gourhari submitted an application dated December 19, 1994 requesting the Executive Engineer concerned to order his examination by a Medical Board so that he might be declared invalid and unfit for duty, and according to the existing scheme Anu might be considered for an employment in KMC. From time to time various steps were taken for his examination by a Medical Board that, however, never declared him invalid and unfit for duty.
(3.) ACCORDING to the rules and regulations in force, KMC issued a superannuation notice that was received by Gourhari on January 12, 1996. It was stated in the notice that he would retire from service on February 1, 1997. Thereafter, he submitted an application dated September 4, 1996 requesting for correction of his recorded date of birth.;