N.K.Batabyal, J. - (1.) The writ petitioner who is an employee of Hindusthan Petroleum Corporation Ltd., hereinafter referred to as 'HPCL' was appointed as Mosalchi by then Manager Esso Standard Eastern Inc. by letter dated 23rd October, 1964. A copy of which is annexed herewith the writ petition and marked with the letter 'A'. At the time of his appointment, the petitioner submitted his Matriculation Certificate showing his date of birth as 20th January, 1939. A copy of the Certificate is annexed to the writ petition and marked with the letter 'B'. The age of superannuation is 58 years. Naturally, the year of superannuation would be 1997 but the petitioner surprisingly came to know in the month of August, 1994 that he would be superannuated in January, 1995. Immediately, thereafter, he made a representation to the General Manager, HPCL for correction of his date of birth which was wrongly recorded in the service register. Although the petitioner made the representation to the authorities, annexing copy of the School Final Certificate but the respondents did not consider the said representation inspite of lapse of adequate time. Being aggrieved by and dissatisfied with the arbitrary and illegal decision of the respondents to superannuate the petitioner from service before he actually attains the age of superannuation ignoring the actual date of birth of the petitioner, he has come before this Court for writ be issued in the nature of mandamus commanding the respondents to forbear from giving any effect or further effect to their decision to superannuate the petitioner from January, 1995 and to make necessary correction in the Register of Service where the date of birth of the petitioner was wrongly recorded and for a writ be issued in the nature of prohibition, prohibiting the respondents from giving any effect or further effect to the decision to superannuate the petitioner from January, 1995.
(2.) In the affidavit-in-opposition, on behalf of the respondents No. 1, 2 and 3, it has been stated that at the time of joining the service under HPCL, the petitioner had submitted a copy of High School Certificate Examination dated 12.9.1957 issued by the Intermediate Board of Examination, Nagpur and as per the said Certificate, his date of birth was recorded as 20.1.1937. The petitioner himself also signed a declaration in his own hand-writing in which it was declared that the date of birth of the petitioner was 20.1.1937. The petitioner did not submit any Matriculation Certificate at the time of his appointment. A xerox copy of the High School Certificate produced by the petitioner at the time of joining in the service is annexed to the affidavit-in-opposition and marked with the letter 'W'. The Matriculation Certificate containing the date of birth as 29.1.1939 was submitted by the petitioner only on 14.11.1994. The respondents have categorically denied the allegations that they have taken the decision arbitrarily to superannuate the petitioner. All other allegations made in the said writ petitions have been categorically denied by the respondents. It has been submitted also that the request for change of date of birth of an employee according to the circulars of the Company should be made within 5 years from the date of joining the service of the Corporation along with School Leaving Certificate, Matriculation Certificate, H.S.C. Certificate or Matric from birth Register. The petitioner did not follow the said instructions. A copy of the official circular is annexed with the affidavit-in-opposition and marked as annexure 'Z'. According to the respondents, the writ petition is misconceived and mala fide and should be dismissed.
(3.) In the affidavit in reply filed on behalf of the writ petition, the material allegations made in the affidavit-in-opposition have been denied. It has been stated that in the periodic Medical Examination report of the petitioner conducted by HPCL, the date of birth of the petitioner has been mentioned as 27.10.1939. The said date of birth was not correct as the actual date of birth of the petitioner is 20th January, 1939. A copy of the said Examination report is annexed with the affidavit-in-reply and marked with the letter 'A'. According to the petitioner, the year of birth was taken as 1939 and not as 1937. It has been stated that the Certificate being annexure 'W' to the affidavit-in-opposition is connected with a totally different person and has no relation with the petitioner. The petitioner has also denied that he signed the declaration as stated by the respondents to the effect that his date of birth was 20th January, 1937. According to him, the officers of respondent No.3 compelled him to sign on copy of the said Certificate being annexure 'W' to the affidavit-in-opposition by threat and coersion. He has also denied that Matriculation Certificate was not submitted by him at the time of his appointment.;