MILAN KRISHNA ROY Vs. ALLAHABAD BANK AND ORS.

JUDGEMENT

(1.) This appeal at the instance of the writ petitioner is directed against the judgment and order passed by Learned Single Judge in W.P. No. 17094 (W) of 2003 dismissing the writ application.

(2.) The appellant joined the service of Allahabad Bank in 1977 as a Field Officer in Scale I category. He was promoted to the post of Deputy Manager and then Senior Manager in the Scale III. His date of birth was 26th October 1948. At the time of joining in the Bank service appellant submitted all the necessary credentials including birth certificate. He informed bank authorities that his correct date of birth was 26th October 1948 instead of 1943 as inadvertently recorded in the matriculation certificate. After passing matriculation examination he got scholarship for intermediate study and news was published in local daily of Chitagaon now in Bangladesh called Dainik ITTEFAQ. According to the appellant, his father collected the corrected date of birth from local Prasuti Sadan at Chitagaon and the respondent authorities duly took note of the exact date of birth and subsequently recorded the same in the seniority list of officers. The seniority list published in the year 1992 reflected that his actual date of birth is 26th October 1948. Date of retirement of the appellant -writ petitioner was 25th October 2008 on his completion of 60 years. In the year 1993 the appellant applied for House Building Loan which was sanctioned by the respondent authorities with a repayment schedule of Rs. 2225/ - to be paid by the petitioner in 192 equal monthly instalments. The number of equal monthly instalment was calculated on the basis of his proposed date of retirement on 25th October 2008. It has been submitted on behalf of the appellant that to his utter shock and surprise the appellant received a letter dated 24.9.2003 signed by the respondent No. 5 intimating therein that he would retire on 31.10.2003 on his attaining superannuation on 25.10.2003 and thus the respondent Bank sought to cause his pre mature retirement without allowing to remain in service for about 5 years more. As the appellant was served with notice of alleged premature retirement, writ petition was filed.

(3.) The respondent -Bank categorically denied that claim of the appellant contending that the date of birth of the said appellant was not 26th October 1948 but the same was 26th October 1943. In the application for appointment the appellant unequivocally stated that his date of birth was 26th October 1943.