(1.) HEARD the parties.
(2.) THE petitioner in the instant writ application has prayed for quashing the letter as contained in Reference No. BAR/2259/2000 dated 12,10.2000 by which respondents have illegally rejected the claim of the petitioner for considering his date of birth on the basis of matriculation certificate for the purpose of his retirement.
(3.) HOWEVER in Form -B register the date of birth of the petitioner was recorded as 1.7.1992, The date of birth of aforesaid B.N. Mishra was recorded as 1.7.1940. Both of them applied before the competent authority for correction of date of birth as per the matriculation certificate. In matriculation certificate the date of birth of the petitioner has been recorded as 5.7.1949 while the date of birth of Mr. B.N. Mishra was recorded as 1.7.1945. In other words, at the time of appointment petitioner was 15 years 10 months, while B.N. Mishra was 16 years 3 months. The application of both the abovenamed persons was processed by the Dy. Personnel Manager and the same was sent to the higher authority with a request that after proper inquiry by the Vigilance Department the date of birth shown in the records have been found correct and, therefore, the claim of both the petitioner and B.N. Mishra are genuine and the same deserves consideration. Curiously enough the concerned respondent issued order dated 29.6.2000 rejecting the application of the petitioner for correction of the date of birth while the application of B.N. Mishra was allowed. The order dated 29.6.2000 observed as follows: