Kalyan Jyoti Sengupta, J. - (1.) Petitioner has challenged by this Writ Petition impugned Memo dated 3rd August, 1994 whereby the respondents decided to dispense wiih the petitioner services on retirement on 31st December, 1995 and another Memo dated 6th June, 1995 to the same effect.
(2.) It appears to me from the records that the petitioner joined the respondent No. 1 Company on or about 16th June, 1959 in the post of Fitter (Block). Thereafter, according to the petitioner, in the year 1964 he was appointed to the post of Clerk upon selection on acquiring his educational qualification of passing School Final Examination. In the School Final Certificate his date of birth is mentioned as 22nd March, 1940. Gradually the petitioner improved his qualification up to graduation. The petitioner was promoted from the post of Clerk to the present post of Accounts Officer from which he was asked to retire. It appears from the record that when he joined as a Fitter his age was recorded as 22 years. So his year of birth is 1937 that logically follows upon simple arithmetic calculation reckoning his date of appointment June, 1959. According to writ petitioner at the time of joining the post of Clerk he submitted the School Certificate and his date of birth was recorded correcting the previous year of birth and the same was also accepted by the respondent company issuing identity card wherein the date of birth was recorded as 22nd March, 1940. After accepting the aforesaid date of birth now the respondent has raised dispute with regard to the age of the petitioner at the fag-end of his service career.
(3.) It is submitted by the learned lawyer for the petitioner that as per company's own circular and notification the school certificate is to be accepted as a sacrosanct document for recording date of birth. He has drawn my attention to those Circulars. He also relies on various decisions of this Court both Division Bench and Single Bench and submits that the recording of date of birth on the basis of the school certificate cannot be altered nor changed.;