Kalyan Jyoti Sengupta, J. - (1.) In this case the petitioner being the Laboratory Attendant of Surendranath College (Day) and Surendranath Evening College has challenged the two notices, one of dated 15th November, 2002 issued by Surendranath Evening College authority and another of dated 17th December 2002 issued by Surendranath College (Day) authority. By the letter dated 15th November, 2002, evening college authority has decided to retire the petitioner on attaining age of 60 years, whereas Surendranath College (Day) authority has decided to discontinue the .petitioner's services on expiry of 31st December, 2002, pending decision of the D.P.I. (Director of Public Instruction).
(2.) From the two letters it appears obviously that both the college authorities have decided to retire the petitioner on expiry of 31st December, 2002. However, the decision of the day college authority is not explicit in this regard and awaiting the final clearance from the D.P.I. office.
(3.) The fact of the case made by the petitioner is shortly put as follows: The petitioner joined Surendranath College as a laboratory attendant in Group-D category and was confirmed to that post with effect from 13th September, 1960. He requested the college authority to supply him with certified Xerox copy of the service book as it is incumbent upon the to keep service record. He made several representations for this purpose and such representation was made for the first time on. 3rd October, 2001. According to the present service rule the petitioner is to retire on attainment of 60 years of age and according to him he is to retire on 31st January, 2006 as his date of birth is 15th January, 1946. The petitioner made representation to the Director of Public Instruction, Government of West Bengal as two different college authorities failed to supply certified copy of the service book, wherein date of birth of the petitioner is recorded. In spite of representation nothing was done, so he made a representation to the Principal Secretary, Higher Education, Government of West Bengal for redressal of his grievance. All of a sudden, he received the letter of Surendranath Evening College dated 15th November, 2002 wherein he has been informed to be retiring from Surendranath Evening College on 18th December, 2002 He duly protested against such decision, so in order to prevent such premature retirement being effected the petitioner asked for certain documents from the Principal of Surendranath (Day) College where the petitioner was attached as a full-time permanent staff, by letter dated 4th December, 2002. However, nothing was supplied to the petitioner, nor any communication was made until he received the notice dated 17th December, 2002. The petitioner's contention is that his date of birth is supported by the Certificate, issued by the school where he last read and also Admit Card issued by the West Bengal Board of Secondary Education. So the decision of the evening college to retire the petitioner is absolutely premature, similarly the decision of the day college authority to discontinue petitioner's services beyond 31st December, 2002 is also illegal and arbitrary as having no basis whatsoever. He has annexed several documents showing that his date of birth is 15th January, 1946 and these documents were prepared by the College authority as on January 2001 and also other documents namely statement relating to date of joining and date of birth of existing non-teaching posts prepared in the year 1996.;