JUDGMENT

O. P. Trivedi, J. - This writ petition has been filed by Sukhdeo Prasad Misra under Article 226 of the Constitution of India and concerns service matter. The petitioner's contention is that he entered service in the then East Indian Railways as a Porter on December 6, 1930. In May, 1930 he passed the Vernacular Final Examination and the date of birth in the certificate issued on passing the said examination was recorded as July 11, 1913. Subsequently, the petitioner passed the High School Examination also and in the certificate obtained for passing the said examination also his date of birth was mentioned as stated above. At the time the petitioner joined service there were no rules in force nor was there any practice in the East Indian Railways about compulsory minimum age for recruitment. The petitioner had not made a formal application to the said Railways before being appointed to the post of a porter and there was no occasion on which he may have given out his age as 21 years. Even a person of 16 years was then eligible for appointment to the said post. At the time of commencement of petitioner's service no service book concerning him was maintained and in the year 194