DILIP KUMAR MOITRA Vs. BURN STANDARD CO LTD

JUDGEMENT

(1.) The appellant/writ petitioner herein has preferred this appeal from the judgment and order dated 21 st June, 2002 passed by the learned Single Judge in the writ petition, being C.O. No. 7791 (W) of 1992, whereby and whereunder the said learned Single Judge dismissed the writ petition filed by the appellant herein. While dismissing the aforesaid writ petition, the learned Single Judge specifically observed that the Writ Court cannot decide the disputed question as to the correct age of any person and following the earlier decision of the Division Bench of this Hon'ble Court also observed that right to get the date of birth corrected is not a legal right.

(2.) The learned Single Judge specifically held while deciding the said writ petition that the stale claim should not be entertained under Article 226 of the Constitution of India.

(3.) It has been urged on behalf of the appellant/writ petitioner that the respondent-Company asked the appellant to retire from service before attaining the actual date of superannuation. It has been specifically submitted on behalf of the appellant/writ petitioner that the impugned order of retirement was issued by the respondent-Company to the writ petitioner without mentioning the actual date of birth of the said writ petitioner.