A K GHOSH Vs. STATE

JUDGEMENT

(1.) -Since all affidavits are complete and as agreed by both sides, the matter is taken up for final disposal.

(2.) The petitioner has filed the writ petition praying for Writ of Mandamus for commanding the respondents to rescind, revoke and recall the impugned orders being Memo No. Estt. O/Super/Cat. I/90 dated March 30, 1993 issued by the Zonal Manager (East) and Office No. PF/G-359/E.I. dated January 25, 1993 issued by the Executive Director (Per), both being in Annexure 'A' to the Writ petition, and to allow the writ petitioner to work in the post of Deputy Manager (Genl.) under the Zonal Manager (East) at Calcutta or to any other higher post with all benefits attached thereto till January 31, 1994 when the petitioner shall attain the age of 58 years.

(3.) It is stated in detail that the writ petitioner joined the appropriate Government authority by filling up the prescribed form giving his name, age, educational qualification and other informations as provided in the prescribed manner. It is stated that sometime in the year 1988 it was brought to the notice of the petitioner that there has been an interpolation in the entry as to the date of birth describing it as January 4, 1935 whereas it should be January 4, 1936, as per his Matriculation Certificate and the Admit Card thereto. Upon the petitioner's prayer for clearing this interpolation and/or for clarification thereto on his representation, the higher authority had recorded that the petitioner's date of birth is January 4, 1936 and pursuant there to, the petitioner is alleged to have received service benefits including seniority and promotion etc. Subsequently, by the impugned orders in annexure 'A' to the petition, petitioner was informed that the petitioner who had been working as Deputy Manager (Genl.) of the Food Corporation of India would be deemed to have retired from service on superannuation with effect from January 31, 1993.