Arun Kumar Dutta, J. - (1.) This Appeal is directed against the Judgment and Order dated 6th September, 1993 passed by a Learned Single Judge of this Court in C. O. No. 1893(W) of 1993 before him allowing the Writ petition filed by the Writ petitioner in terms thereof for the reasons recorded therein.
(2.) It is contended by the Writ petitioner Abani Kumar Maitra that he was appointed as Assistant Personnel Officer of Hindusthan Steel Ltd. and posted at the Head Office at Ranchi and subsequently posted at Durgapur Steel Plant (hereinafter shortened into DSP) in February 1969 against Open Press Advertisement. At that time the DSP was the manufacturing unit of Hindusthan Steel Ltd. (hereinafter referred to as H. S. L). In the year 1978 the undertaking of H.S.L became vested in the Steel Authority of India Ltd. (hereinafter shortened into SAIL), a Government of India Undertaking. After his appointment and posting at DSP in 1969, the petitioner was promoted from time to time to different higher posts. Presently, he is holding the post of Executive Director, SAIL, Environment Management Division at Calcutta.
(3.) In or about the middle of July 1977, the Writ petitioner (hereinafter referred to as petitioner) was informed by the personnel Department of the DSP that his personal File had been misplaced/missing, whereupon he was asked to submit all relevant documents in original in support of his date of birth, which he had duly complied with. On the basis of such documents, including the School Leaving Certificate submitted by him, a Part personal File was constructed by the Department of Personnel, DSP. He was verbally informed in 1981 that in the records of the Corporate Office of the SAIL there was some anamoly in respect of his date of birth which should be cleared once for all. On his representation, the Chief (P & MS). DSP, had informed the Director (Personnel) of the SAIL by a letter dated 10th June, 1981 that the records at DSP and the School Leaving Certificate of the petitioner had been duly checked up, wherefrom it was found that the date of birth of the petitioner is 21st January, 1938. A request was made thereunder to pass instructions for necessary correction of the entries relating to the date of birth of the petitioner in the records of the Corporate Office of SAIL. The fact regarding the date of birth of the petitioner was again communicated to the Corporate Office by the Senior Manager (P & A) of the DSP by a letter dated 7th August, 1990.;