Ajit Kumar Sengupta, J. - (1.) On January 30,1989 we passed the following: "The appeal is taken up for hearing by treating the same as included in the days cause list. Filling of paper book is dispensed with and the undertaking given in that behalf is discharged. For the reasons to be recorded in the judgment which will be pronounced on 2nd February,1989, the appeal succeeds and is allowed. The impugned Memo No. SBI-313 (7)/R.O,338/88 dated 2nd February, 1988 issued by the Reserve officer, Special Bench, Calcutta, is quashed and set aside. The respondent authorities are directed to correct the service record of the writ petitioner on the basis of the age mentioned in the certificate of passing of the Matriculation Examination held in the month of May, 1948 and consequently to permit him to continue in service till he attains the age of superannuation on the basis of such corrected records. Since the petitioner joined service while he was still below the minimum age prescribed by the Rules at the relevant time, the period during which he was ineligible to be appointed shall be excluded from his qualifying service for the purpose of pension. The appellant is entitled to the cons ts of the writ petition as well as of the appeal which are quantified at Rs. 750/-. The costs are accordingly awarded and shall be paid to him along with his salary for the month of February payable in the month of March, 1989. All parties to act on the signed copy of the minutes of this order on the usual undertaking."
(2.) We now proceed to set out the reasons in support of the aforesaid order.
(3.) The petitioner, who is now Sub-Inspector of Police, joined as a constable on 1st day of February, 1949. In the year 1961 he was promoted to the rank of Assistant Sub-Inspector of Police and thereafter in 1972 he was further promoted to the post of Sub- Inspector of Police. The date of birth as recorded in the service book is January 19,1931 on the basis whereof the petitioner was due to retire on January 31,1989.;