Kalyanmoy Ganguli, J. - (1.) In this application under Article 226 of the Constitution of India, Memo No. 3693, dated 9th February, 1982 of the Superintendent, Government Printing Press, West Bengal communicating the decision of the Joint Secretary (Commerce & Industries Department), dated 4th February, 1982 turning down the prayer of the petitioner fear rectification of the date of birth of the petitioner, has been challenged.
(2.) The case of the petitioner is that he was appointed as Binder in the Government Printing Press West Bengal with effect from 10th February, 1944. The further case of the petitioner is that when he entered the said service his date of birth was recorded as 28th January, 1924 by some other Officer and the petitioner was required to sign the Service Book. The petitioner states that the date of birth was not given by him and without verification he was asked to sign the said entry in the Service Book which he did in good faith.
(3.) It is the definite case of the petitioner that he was born in Calcutta on 21st February, 1928 as would appear from the certificate issued by the District Inspector of Schools, Calcutta District which is Annexure A to the writ petition. The said Annexure is a certificate issued by the said District Inspector of School and in fact is a pass certificate of the Primary (Muktab) Final Examination which the petitioner passed in the year 1938. From the said certificate it appears that his age was 10 years 8 months 9 days on the 1st November, 1938. On the basis of the calculation made according to the said certificate his date of birth becomes 21st February, 1928.;