S.B.Sinha, J. - (1.) A question of some importance arises for consideration in this application.
(2.) The petitioner was appointed by Calcutta State Transport Corporation on 1.4.55. His date of birth was recorded as 3.1.35. Allegedly, an office order was issued by the Government of West Bengal Directorate of Transportation on 7.11.57 which is contained in annexure 'A' to the writ application stating : "In order to determine the age of the employees, the entry in the Service Book/Service Roll requires to be attested by the appointing authority. The appointing authorities are, therefore, requested to direct the employees under them to produce the Matriculation/School Final certificate in original for the purpose of attestation of the Service Book/Service Roll. The employees who are not Matriculate may be directed to produce a certificate from the Headmaster of the school or an Affidavit made before the Court of Law in proof of age. The attestation of the Service Book/Service Roll should be completed within a month from the date hereof."
(3.) Pursuant to the said circular letter, the petitioner allegedly filed a certificate issued by the Headmaster of the school wherein his date of birth was recorded as 28.1.39. It appears from the affidavit in opposition that both the aforementioned dates of birth appeared in his service records and both were authenticated by the petitioner. However, in certain documents, the petitioner's date of birth was mentioned as 28.1.39. In the meantime, the petitioner was also promoted to higher post. In the year 1992, when the aforementioned fact was discovered that the service records of the petitioner bear 2 different dates of birth, the petitioner was asked to see the Depot Manager by 'See Me slip' date 27.4.92 as contained in annexure 'E' to the writ application. The petitioner filed his representation on 30.7.92. Upon discussion of the matter with the petitioner, the Depot Manager by a letter dated 4.11.92 addressed to the petitioner stated : "The Deputy Managing Director has been pleased to order to fix up your date of birth as 3.1.1935 being the first entry as recorded in the Service Roll. This date (i.e.3.1.1935) should be accepted for all official purposes. On the basis of this entry in the Service Roll you will be superannuated from your services of this Corporation with effect from 1.1.1993(A.N.) on attaining the age of superannuation i.e. 58 years of age in terms of Regulation 14 & 14A of Calcutta State Transport Corporation Employees' Service Regulation. Your service will, therefore, stand terminated with effect from the afternoon of the date as mentioned above, on the ground of superannuation. You are requested to deposit your Identity Card and all other articles issued to you by this Corporation on the day of superannuation. You are further requested to submit separate application in support of your claims for CPF, Gratuity, Leave Salary, Clearance certificate, free travelling pass etc. immediately for arranging payment in time.";