A.K. Sen, J. - (1.) Two orders - -one passed by the Divisional Personnel Officer, Adra, dated October 16, 1965, directing the Petitioner's retirement with effect from January 14, 1966, and the other passed by the Chief Personnel Officer, South Eastern Railway, communicated in memo. dated March 4, 1966, rejecting the Petitioner's representation for alteration of his recorded date of birth, are the subject -matter of challenge in this Rule, obtained on a writ petition. The facts may shortly be set out as follows:
(2.) On May 5, 1930, the Petitioner was appointed a material cooley by the then Bengal Nagpur Railway Company. He obtained various promotions - -while under the company administration he was first promoted as store issuer and then as a clerk. At the time the said company was taken over by the Government in June 1946, the Petitioner was a confirmed clerk. The Petitioner opted service under the Government of India, the Respondent Railway administration, on and from October 1. 1946, after such taking over of the company by the Government.
(3.) At all material times both under the company administration and the Government administration the Petitioner's date of birth was uniformly recorded as January 15, 1911. To such entry the Petitioner had not raised any objection all these years save and except the one submitted on December 16, 1965, and referred to hereinafter. On the date of birth as recorded in the Service Records the Petitioner was to attain the age of 55 years on January 14, 1966, and as such, the Divisional Personnel Officer directed his retirement by an order dated October 16, 1965, which is set out as hereunder: Since you are governed by Ex B.N. Railway Company's Rules, you will retire from service on completion of 55 years with effect from 14.1.66, A.N. your date of birth being 15.1.1911.;