ASHIM KUMAR BANERJEE, J. - (1.) These two appeals were filed by both the parties against the same order of the Learned Single Judge passed on August 5; 1999 partly allowing the writ petition of Ramani Kanta Das (hereinafter referred to as "Ramani"), the appellant in FMA No. 1393 of 2000.
(2.) Ramani read in Kalidhan Institution in South Calcutta prior to 1957. He read at the primary level for few years, hi 1957 he joined Garden Reach Shipbuilders & Engineers Limited (hereinafter referred to as "GRSE") as an Unskilled labour, In 1959 his age was determined as 22 years as he could not produce any document in support of his date of birth. In course of his employment be passed school final examination in 1960 as a private candidate. In 1964 he applied for the post of clerk in GRSE where he was successful. He was given appointment in the post of clerk. The letter of appointment would, however, show that such appointment was provisional and it was further mentioned that in case he was not found suitable in the post of clerk he would be reverted to his original post of turner. Ramani continued his studies and became a commerce graduate and ultimately he retired as an Accounts Officer of GRSE in the year 1995.
(3.) In 1994 few months before his retirement GRSE wrote a letter to Ramani for production of appropriate documents in support of his date of birth. Such opportunity was given in terms of the service rules of GRSE where opportunity was given to all employees to apply for correction of their date of birth on production of appropriate documents. At this juncture Ramani objected to the recording as per GRSE's record. His year of birth was recorded as 1937 on the basis of finding of the Medical Board in 1959.;