DHIRENDRA CHANDRA ROY Vs. UNITED BANK OF INDIA

JUDGEMENT

(1.) APPELLANT as the plaintiff instituted a suit, T. S. No. 53/92, against the respondent, United Bank of India (defendant), before the Civil Judge, senior Division, Tinsukia, stating, inter alia, that he joined service under Comilla Union Bank Ltd. at Tinsukia on 1.1.1949 as a sub -staff. It is stated that the said bank in course of time got merged with the United Bank of India, i.e., the respondent/defendant, in 1950.

(2.) THE case for the appellant is that while in such service and posted at Panitola Branch as Head Cashier he was served with a letter No. ZO/PD/DIS/556/92 dated 24.6.1992 issued by the zonal office of the respondent bank informing him that he will retire by 30.11.1992 on superannuation at the age of 60.

(3.) THAT as per the H.S.L.C. certificate of 1972 issued by the Board of Secondary Education, Assam, age of the appellant as on 1.3.1972 was 34 years 4 months 10 days and if it is taken into account he will be retiring by 19.10.1997 on reaching the age of superannuation of 60 years. That due to wrong recording of the age of the appellant by the respondent bank in the year 1949 when the appellant was only a minor he is forced to lose 5 years of service. That he was not asked at the time of entering the service to give declaration of his age nor he had given on his own any information to that effect at that time. That his fundamental right has been jeopardised by compelling him to retire by 30.11.1992 etc.