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A. M. AHMADI, M. N. VENKATACHALIAH
Burn Standard Company LTD. – Appellant
Versus
Dinabandhu Majumdar – Respondent
JUDGMENT
VENKATACHALA, J.:—Special leave sought for, is granted.
2. This appeal by special leave arises from the judgment dated 14-1-1993 of a Division Bench of the High Court of Calcutta dismissing Appeal No. 149/91 directed against the order dated 18-4-1991 of a learned Single Judge of the same Court made in Matter No. 2317/90, requiring respondent-1 therein and appellant-1 herein, by issuance of a writ in the nature of mandamus, to correct the date of birth of petitioner-1 therein respondent-1 herein, in his Service and Leave Record and allow him to continue in its service beyond his superannuation age commutable according to his date of birth entered in that Service and Leave Record at the time of his appointment. A question of general importance which is raised for our decision in this appeal is : When the High Courts extraordinary writ jurisdiction under Article 226 of the Constitution is sought to be availed of by an employee of the government or its instrumentality, to prevent either of them, as the case may be, from retiring him on superannuation according to the date of his birth declared at the time of his appointment and entered in his Service and Leave Record, by its ac
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