Tapen Sen, J.

1. When this case was called out, Mr. R. Mukhopadhya, learned counsel for the Respondents submitted that he has filed two Supplementary Affidavits pursuant to the order dated 27.03.2003 but due to complete inadvertence, the number of both Supplementary Affidavits has been wrongly mentioned. In the mean time he prays that he may be allowed to make the necessary corrections. He may do so during the course of the day.

2. Heard Mr. A. Allam, learned counsel for the Petitioner and Mr. R. Mukhopadhya, learned counsel for the Respondents.

3. The Writ Petitioner has prayed for quashing the order dated 19.09.2001 as contained at Annexure-5 passed by the manager (P and A)/Head Quarters by which on the basis of the pre employment medical examination report dated 15.08.1977, the date of birth of the Petitioner was accepted as 15.07.1945.

4. The Petitioner has further prayed that the Respondents be directed to accept the date of birth of the Petitioner as 15.09.1948, i.e. the date on which the Respondents always acted upon because, i.e. the date as recorded in the Matriculation Certificate (School Leaving Certificate) Consequently the Petitioner prayed that the Respondents should be directed to allow the Petitioner to remain in service till 30,09.2006.

5. According to the Petitioner, her husband died in harness on 15.07.1976 whereafter on the basis of compassion, she was appointed initially as an Assistant Teacher in H.E.C. School on 25.04.1977 whereafter she was asked to work on the post of Registration Attendant with effect from 15.07.1977 which was a post equivalent to Grade IV post. The Petitioner has stated that in the mean time, she was also shifted to the Medical Section as an Assistant Grade-I, Medical Division, H.E.C. Plant Hospital. According to the Petitioner, at the time of her appointment itself she had given out her date of birth as 15.09.1948 on the basis of Matriculation Certificate. The Petitioner has further stated that in the year 1979 (i.e. within two years from the date of her appointment), she received the School Leaving Certificate and upon receiving the same, she immediately deposited it in the same year in the office of the Respondents. She has brought on record a photo copy of the said School Leaving Certificate by Annexure-2 and from a perusal thereof it is evident that the date of birth recorded therein is 15.09.1948. The Petitioner has further stated that the Respondents always have acted upon on the basis of the aforesaid School Leaving Certificate and even at the time of Issuance of medical cards, the Respondents by Annexure-3, mentioned the date of retirement of the Petitioner as 30.09.2006 meaning thereby, they accepted the date of birth to be 15.09.1948 as recorded in the School Leaving Certificate. According to the Petitioner, someone with the Respondents made a manipulation in her service sheet and cleverly made the date 15.09.1948 to read as 15.09.1945 and in support thereof Mr. A. Allam, learned counsel for the Petitioner draws attention of this Court to Annexure-1. Annexure-1 does show that there is a manipulation.

6. The Counter Affidavit in this case was filed by the Respondents on 07.02.2002 in which at paragraph 7, the Respondents have stated that a medical examination had been conducted prior to the appointment and in that pre- employment medical examination, the Petitioner had declared her age to be 32 years. A photo copy of the pre-employment medical report has been brought on record by the Respondents vide Annexure-1 to the Counter Affidavit.

7. On the earlier occasion when this case was called out, Mr. R. Mukhopadhya, who was assisted by the Chief of Personnel had requested that certain documents are necessary to be brought on record and pursuant thereto he has filed two Supplementary Affidavits. In the first Supplementary Affidavit, Annexure-A/1 is the pre-employment medical examination report which appears to have been conducted on 15.07.1977 and which records that on that date