( 1 ) DURING the pendency of the appeal, the appellant-employee died and his heirs and legal representatives were brought on record. This is an appeal directed against the judgment, dated March 19, 1981, passed by the learned single Judge in C. R. No. 9873 (W) of 1978, whereby the learned single Judge dismissed the writ petition holding that whether the age given in the matriculation certificate is the correct date of birth or given in service record, are all questions of fact which this Court under Article 226 of the Constitution would not inquire.

( 2 ) BRIEF facts which are necessary for disposal of this appeal are that the petitioner-appellant retired from service of Allahabad Bank in December 1978 on attaining the age of superannuation after having been given two extensions of one year each. The writ-petitioner filed the present petition for a direction to the bank to correct his date of birth in service record in conformity with the matriculation certificate. The affidavit-in-opposition filed by the respondent bank pointed out that the petitioner's date of birth has been recorded while he entered the bank's service and that all the dates were filed in