K. Kannan, J. - (1.) THE writ petition is for a direction that he shall not be retired on 30.06.2011. The case has been filed on 30.06.2011 and it is brought before this Court for urgent orders today i.e. 01.07.2011 beyond the date when he was retired by the entries contained in the official records. It is an admitted case that he had joined the service on 01.06.1976 and for all the period until the year 2011, there was, at no point of time, any attempt of the Petitioner to have his date of birth corrected. The Petitioner claims that he had made a representation in the year 2005 requesting the employer to resolve the issue relating to the change of date of birth. At least that date constitutes the cause of action when the Petitioner ought to have known that the Respondent was not acceding to his request for change of date of birth. The petition filed after the date when the Petitioner ought to retire, he is effected the laches. The Hon'ble Supreme Court has held in State of Gujarat v. Vali Modh. Dorabhai Sindhi : (2006) 6 SCC 537 that any such action for change of date of birth on the verge of retirement shall not be entertained. The law of limitation is equally applicable in such cases and Article 137 shall be attracted also to a situation where he has given a representation in the year 2005 and no action is taken within three years or within reasonable period when action was not initiated pursuant to representation by the Petitioner. There are also recent decisions of the Hon'ble Supreme Court viz, State of Haryana v. Satish Kumar Mittal : (2010) 9 SCC 337 and Punjab and Haryana High Court v. Megh Raj Garg : (2010) 6 SCC 482 that lay down the proposition that a writ petition on the eve of retirement for change of date of brith shall not be entertained.
(2.) THE writ petition is dismissed.;