(1.) IN S.B. Civil Writ Petition No. 5442/1996, petitioner has prayed that respondents be directed to treat his date of birth as 12/2/1946 and on that basis allow him to continue in service.
(2.) IN S.B. Civil Writ Petition No. 1074/1998, petitioner has prayed that order of penalty dated 22/4/1996 by which petitioner was awarded penalty of reduction in rank reverting him from the post of Secretary to that of Assistant Secretary be quashed and set -aside.
(3.) LEARNED Counsel for the petitioner has cited judgment of Debidas Banerjee v. The Chairman & Managing Director, Bank of India and Ors. reported in, 1991 (4) SLR 590 to argue that in that case matriculation certificate was subsequently produced by the petitioner and on that basis, he was rendered under -age for appointment. Action of the bank in treating the petitioner in that case under -age was declared to be illegal. Learned Counsel for petitioner submitted that there are number of other employees in the department whose date of birth is considered vis -a -vis their date of birth and they are found to be appointed at the age of 10, 11, 12, 13, 14 and 15 etc. Therefore, petitioner cannot be singled out for being discriminated.