D.P. Kundu, J. - (1.) The writ petitioner is an employee of the Garulia Municipality, P.O. Garulia, District North 24-Parganas. The writ petitioner, in the present writ proceeding, has challenged the letter dated 14.11.2002 issued by the Chairman, Garulia Municipality intimating the writ petitioner that his service was no longer required with effect from "31.12.2002 (afternoon) due to superannuation of age".
(2.) The case of the writ petitioner is as follows : In the year 1981 he was engaged by the aforesaid municipality as daily rated casual labour on no work no pay basis at the rate of Rs. 10/- per day. In the year 1984, in the aforesaid municipality, he was engaged as Ambulance Attendant on the same rate of wages. In the year 1985 the Board of Commissioners of the aforesaid municipality by a resolution decided to approve some casual labour and absorb them in the permanent posts of the aforesaid municipality subject to the approval of the State Government. In the year 1986 Government of West Bengal accorded its approval for permanent appointment of some casual labour of the aforesaid municipality. After approval from the State Government the writ petitioner was made permanent in the post of Ambulance Attendant. In support of his statement the writ petitioner referred to and relied upon annexure-'P1' of the writ application. At the time of his appointment the petitioner submitted all documents regarding his age and educational qualification to the respondent authority. In the year 1999 the staff pattern of the aforesaid municipality indicating (a) the name of the employees, (b) the existing posts, (c) the date of birth and (d) the date of appointment was approved unanimously in the meeting of the Board of Councillors of the aforesaid municipality. In the said staff pattern the petitioner was shown as permanent staff of the aforesaid municipality and the date of birth was recorded as 3.8.1951. In support of the claim of the petitioner that his date of birth is 3.8.1951 the petitioner referred to and relied upon annexure-'P2' of the writ application which is a copy of the Transfer Certificate issued by the Headmaster in the year 1975 wherefrom it appears that the date of birth of the writ petitioner as recorded in the Admission Register of the School was 3.8.1951. The writ petitioner heavily relied upon the said Transfer Certificate in support of his claim that his date of birth was 3.8.1951. By a letter dated 14.11.2002 issued by the Chairman, Garulia Municipality, (annexure-'P6' of the writ application) the petitioner was informed that his services was no longer required w.e.f. 31.12.2002 afternoon due to superannuation of age. In the year 2000 Municipal Election was held and new Board was formed which took over the charge of the aforesaid municipality and the new Board is trying to appoint their men in place of the existing staff. The new Board appointed 65 persons as casual labour of the aforesaid municipality and the aforesaid municipality, with mala fide intention is now trying to terminate services of the permanent employees including the petitioner who were appointed by the previous Board.
(3.) The letter dated 14.11.2002 issued by the Chairman, Garulia Municipality has been challenged in this writ proceeding. The relevant part of the said letter is set out herein below : "Office of the Councillors, Garulia Municipality From Sri Kedar Singh, CHAIRMAN, GARULIA MUNICIPALITY P.O. Garulia, Dist.North 24 Parganas. To Md. Ainul Haque, Ambulance Attendant, Garulia Municipality. Dated, Garulia 14.11.2002 Your services is no longer required w.e.f. 31.12.2002 (Afternoon) due to superannuation of age. Sd/- Chairman, Garulia Municipality".;