Panigrahi, J. - (1.) This Appeal has been filed against the judgment/order dated 30.2.98 passed by the learned Single Judge in W. P. No. 11156 (W) of 1997, whereby and whereunder the learned Judge was pleased to dismiss the writ petition. The appellant who is the writ petitioner before the learned Single Judge was appointed as a chowkidar on and from 1.11.1962. It was described in the service register at the time of entry into service that the petitioner was 25 years oi age. It has been stated in the writ petition that immediately after having come to know from the Pradhan of Goalpara Gram Panchayat that the writ petitioner would retire on and from 30th November, 1997, he submitted a representation/declaration in the prescribed from through the Pradhen to the competent authority to rectify the wrong entry of his date of birth in the service register. It was indicated in the representation that his date of birth, in fact, was on 21st January, 1945, but it was wrongly noted in the service register that he was 25 years on the date of joining the service.
(2.) The writ petitioner has further claimed that in the admission register of Goalpara High School his date of birth was entered as 21st January, 1945. Therefore, on the basis of such date of birth, the service register was required to be corrected. The matter was, however, said to have been enquired into by the Sub-Divisional Officer and after being satisfied by enquiry he directed the date of birth to be corrected lathe service register. Despite such communication when the authorities did not take any step to correct his date of birth he was constrained to move the Court by filing the writ petition. In the writ petition being C. O. No. 13261(W) of 1995, this Court directed the District Panchyat Officer to consider the writ petition treating it to be a representations and dispose of the same in accordance with law. On the basis of such representation, the District Panchayat Officer held a roving enquiry sod found the date of birth entered into the school register appeared to be spurious one and therefore, be communicated to the other authorities not to rely upon the transfer certificate vis-a-vis the admission register.
(3.) The grounds also noted by the District Panchayat Officer were that in the admission register there had been no signature either by the parents or by the guardian. Therefore, he found ex facie the transfer certificate was unreliable. Thus the appellant being aggrieved by the said order passed by the District Panchayat Officer has filed the present writ petition, inter alia, praying to issue a writ of mandamus directing the respondents to correct the date of birth of the petitioner asci 21st January, 1945, relying upon the certificate issued by the Head Master of Goalpara High School. However, it was also prayed to call for the records in connection with the date of birth of the petitioner/appellant from the proper authority. the appellant has also made a prayer to quash the order passed by the District Panchayat Officer, Malda. dated 5.5.97 and to implement and act upon the order passed by the S. D. O., Malda forthwith.;