Jayanta Kumar Biswas, J. - (1.)The Writ Petition No. 1873 of 1997 dated 5th Sept., 1997 was filed in the Court by the respondent No. 1 herein. The appellants were respondents Nos. 2, 3 and 4 in the said writ petition. By judgment and order dated 26th Nov., 1999 it was allowed by the learned single Judge. The present appeal has been filed against the said judgment and order.
(2.)On 11th April, 1961 the respondent No. 1 was appointed in the post of watchman under the Regional Director of Food, Eastern Region. At the time of entry into the said service the respondent No. 1 declared his date of birth as 7th Jan., 1939. On 12th April, 1961 at the time of his medical examination, he again declared his date of birth as 7th Jan., 1939. He made a representation dated 28th Aug., 1967; along with this he submitted a registration receipt issued by the Controller of Examinations, East Pakistan Secondary Education Board, Dhaka. He wanted the authorities to record, on the basis of such receipt, the fact that prior to his joining the service he had read up to class-X. In this receipt his date of birth was mentioned as 11th July, 1942. By the representation he, however, did not make any prayer for correction of his date of birth recorded in the service records at the time of his initial appointment. In the year 1968, as a private candidate he passed the school final examination conducted by the West Bengal Board of Secondary Education. In the certificate issued by this Board his date of birth was recorded as 2nd July, 1949. On 6th Dec., 1968, as per requirement, he gave a declaration for the purpose of a medical examination. This declaration was in a prescribed form - requiring information, inter alia, regarding date of birth and details of family. In this declaration also he gave his date of birth as 7th Jan., 1939. He made a representation dated 4th May, 1977; thereby he requested the authorities to incorporate in his service records the educational qualification/date of birth as mentioned in the certificate issued by the West Bengal Board of Secondary Education regarding his passing the school final examination. On 22nd July, 1978 he submitted, in prescribed form, application for becoming a member of the F.C.I. Employees' (Contributory) Insurance Scheme, 1978. In this application also he mentioned his date of birth as 7th Jan., 1939.
(3.)Then a representation dated 22nd April, 1981 was made by the respondent No. 1 praying for correction of his date of birth as per the school final certificate. He made the next representation dated 27th May, 1983 praying for correction of his date of birth on the basis of the receipt dated 28th Aug., 1967. The F.C.I. wrote several letters to the Dhaka Board which informed inability to supply information regarding the issue. However, the Headmaster of Gaidola Karnkhain Pranhari Multipurpose High School, in the District Chittagong in Bangladesh, by a letter dated 10th Jan., 1985 informed the F.C.I that as per admission register of that school the date of birth of the respondent No. 1 was 11th Dec., 1942.
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