A.K.Dutta, J. - (1.) This Appeal is directed against the Judgment and order dated 21st December, 1992 passed by a learned Single Judge of this Court in Civil Order No. 1472 (W) of 1991, allowing the Writ Petition filed by the Writ Petitioner-Respondent No. 1 (hereinafter referred to as petitioner) for the reasons recorded therein.
(2.) The Petitioner had filed the relevant Writ Petition praying for "a writ in the nature of Mandamus and/or order and/or a direction of like nature commanding the respondents to forbear from giving any effect or further effect to the decision of determination of the date of birth of the petitioner as 29th November, 1993, as communicated in the letter being No. PL-III/ 4-J(91)/1639 dated 13th June, 1989 and being No. PL-III/4-J(91)/3086 dated 26th September, 1989, both issued by the Deputy Manager (pers.) Exe. of Durgapur Steel Plant being Annexures 'E' and 'J' respectively to this application, and/or from taking any action for Superannuation of the petitioner on the basis of the said wrong date of birth and further commanding the respondents to cancel and/or recall and/or rescind the said decision determining the date of birth of the petitioner as 29th November, 1934, and also commanding the respondents to act in accordance with law and to determine the date of birth of the petitioner after taking into consideration the service certificate given by his previous employer being annexure 'B' as well as the School Final Pass Certificate issued by the West Bengal Board of Secondary Education being annexure 'D' to this application", amongst other reliefs prayed for therein, in the facts and circumstances stated in the application.
(3.) The petitioner had joined the Durgapur Steel Plant (hereinafter shortened into DSP) in the year 1961. Before joining the DSP he was in service under the Fertiliser Corporation of India (hereinafter shortened into FCI). At the time of joining the DSP he had submitted a Release Certificate issued by his said former employer, FCI, as he was called upon to do. It is contended by him (Petitioner) that his date of birth is 29th November, 1937, which had been mentioned in the Release Certificate issued by the FCI.;