Banerjee, J. : This is an appeal against the judgment and order dated 6th May, 1993 passed in Matter No. 156 of 1993 by the learned Trial Judge dismissing the application. The subject-matter of the writ application was for correction of the date of birth of the appellant-writ petitioner. Originally the respondent-company was a private-company known as "Bengal Immunity Company Limited'. Admittedly, the appellant-petitioner joined in the service on 1st May, 1953. At the time of entering into his service, on the basis of the declaration made by him his date of birth was recorded as on 21st March, 1935. Thereafter, on 20th October, 1956 the appellant-petitioner made a declaration required for the purpose of gratuity fund in which he had declared his age on 21st September, 1956 as 21 years 6 months on the basis of horoscope which tallies with the date of birth initially dec1ared by him as 21st March, 1993. While he was in service the appellant-petitioner appeared as a private candidate in School Final Examination conducted by the West Bengal Board of Secondary Education in March 1962 and he was passed in 3rd Division and on the basis of his own statement made before the Board h