BABU RAM PANDEY Vs. MINING AND ALLIED MACHINERY CORPORATION
HIGH COURT OF CALCUTTA
BABU RAM PANDEY
MINING AND ALLIED MACHINERY CORPORATION
Referred Judgements :-
NIHAR RANJAN BHOWMICK V. STATE OF WEST BENGAL AND ORS.
BHUPESH CHANDRA GHOSH V. COMMISSIONER OF POLICE,CALCUTTA AND ORS.
BHANU SASHI DAS DEY V. STATE OF WEST BENGAL
M.A.JALIL V. STATE OF MANIPUR AND ORS.
UNION OF INDIA OTHERS VS. KANTILAL HEMATRAM PANDYA
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A.K.Dutta, J. -
(1.)By this Writ application under Article 226 of the Constitution of India the Writ Petitioner Babu Ram Pandey (hereinafter referred to as Petitioner) has prayed the Court for "a writ of or in the nature of Mandamus be issued compelling the Respondents and/or their servants or agents to rectify the date of birth of your Petitioner from January 15, 1937 to January 15, 1942.", along with the other reliefs prayed for therein, for the reasons stated and on the grounds made out therein.
(2.)The Petitioner contends that he was appointed with the Respondent Corporation in October, 1963. He is presently serving as Fire Supervisor, Grade-I, in the Fire Service Department. At the time of his appointment he could not produce his School Leaving Certificate as that was left with his relations some years back and he did not know about its whereabouts. He had stated his date of birth at the time of his appointment to be January 15, 1942. But the Dealing Clerk, who had filled in a Form, had recorded his date of birth to be January 15, 1937. He could recently find out his School Leaving Certificate after the demise of his maternal uncle from his belongings, recording his date of birth therein to be January 15, 1942. He had thereafter approached the Respondents for correction of his date of birth in his Service Book accordingly. He was asked to produce the original certificate and the admit card for the purpose. He had submitted the Xerox copy of the Certificate and he had stated that he was willing to produce the original of the said certificate. But the Respondent No. 2 by letter dated August 13, 1991 had informed him that his date of birth cannot be rectified at this later stage. Hence the instant writ application.
(3.)The writ application is resisted by the Respondent-Corporation by filing Affidavit-in-Opposition and annexing certain relevant documents therein. It is contended inter-alia, by them that the Petitioner had declared his date of birth all throughout since the time of joining the service to be January 15, 1937. His date of birth had accordingly been recorded in his Service Book to be January 15, 1937. His present plea at this belated stage that his date of birth is January 15, 1942 on the basis of the alleged School Leaving Certificate, which seems to be suspicious cannot be entertained at this stage.
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