Mahitosh Majumdar, J. - (1.) This writ application is directest against the order as contained in Annexure F at page 37 which is quoted below:- "This is to write that as per it view of the Service Book it is seen that date of birth certificate submitted by you has subsequently been changed by an affidavit which seen irregular As per original date of birth shown in the certificate your superannuation should be on 31.10.1983. The matter has been referred to Dy. Director of Health Service (Admn.), West Bengal for his verification and final decision. So this office is painfully let you know that unless and until the final decision from Health Directorate is received the undersigned cannot allow you to continue your service henceforth. So, you are requested not to join Office henceforth till final decision. It is further to he noticed that Government will hold the right to recover your excess payment drawn by you after your superannuation taking into account the original date of birth certificate."
(2.) Mr. Bose, the learned Advocate duly assisted by Mr. Kalyan Kumar Bandopadhyay, the learned Advocate appearing for the petitioner while assailing the orders as indicated above claimed and contended that pursuant to the impugned orders, the respondent namely, the Director of Health Service, sought to regularise the order by passing an order dated September 8th/9th, 1987. The said order is quoted below:- "After careful consideration the undersigned is directed to inform you that the date of birth of Sri Dey cannot be charged as 20.2.38 instead of 9.10.25 as prayed for, Sri Dey may kindly be informed accordingly. This may please be treated as extremely urgent."
(3.) Again on September 18, 1987 the Surgean-Superintendent passed an order which reads thus:- "As per direction of Directer of Health Service, Government of West Bengal vide his Order No. HPT/60N-10S-84/A 25090 dated 8/9/87 (copy endowed) your date of birth to be taken as 9/10/25 and accordingly, your superannuation is to betaken from 1/11/83 forenoon. You are, therefore, released from your service on and from 1.11.83 fore-noon This is in supersession of this office letter No. 957-87 dated 16.5.87 which may please be noted.";