JUDGMENT

Dipak Misra, J.

1. Leave granted.

2. Calling in question the legal sustainability of the judgment and order dated 17.8.2007 passed by the High Court of Judicature at Calcutta in F.M.A. No. 169 of 2006 whereby the Division Bench has overturned the judgment and order dated 14.6.2004 passed by the

learned single Judge in W.P. No. 5700(W) of 2001 whereunder he had given the stamp of approval to decision dated 26.2.2004 by the General Manager of the appellant-company, who had rejected the objection of the respondent for changing his date of birth as recorded in his service excerpts and Form ‘B’ Register, the appellants have preferred their appeal by special leave.

3. The facts which are requisite to be exposited are that the respondent had joined at Chinakuri Mine No. 111 on 9.1.1970 as Mining Sirdar and for being selected on the said post he had appeared in Gas Testing Examination held on 15.5.1969. He had also appeared in Sirdarship examination held on 2.7.1969 and Overmanship certificate examination on 3.7.1973. At every stage, he had mentioned his date of birth as 2.4.1946. On the basis of the declaration made by the respondent his date of birth was clearly reflected in Form ‘B’