Vineet Kothari, J. - (1.) HEARD learned Counsels for the parties.
(2.) THE Petitioner by way of this writ petition has approached this Court praying therein that order Annex -7 dated 07.04.2010 seeking to retire him on 30.09.2010 may be quashed and set aside as the Petitioner would be completing the superannuation age of 60 years in the year 2017 as per his date of birth given by the Petitioner in the service book maintained by the Respondent -Department as 02.09.1957. This Court on 29.09.2010 despite a caveat from the side of Respondent -Department recording these facts granted interim order in favour of Petitioner to the following effect: Learned Counsel for the Petitioner submits that as per service record his date of birth is 02.09.1957 and, therefore, his retirement on completion of 60 years of age will due in the year 2017, however, the Respondents taking the date of birth as 02.09.1950 intend to retire him on 30.09.2010 vide impugned order Annex -7 dated 07.04.2010. Against the impugned order, the Petitioner submitted representation vide Annex -8 on 31.08.2010, which has un -responded so far. Dr. Prathistha Dave, put in appearance on behalf of Respondents -Caveator and prays for short time to file reply. Considering the submissions made at the bar, it is directed the Petitioner may not be retired till the next date. Put up on 05.10.2010.
(3.) THE Respondents have filed reply to the writ petition and the learned Counsel for the Petitioner urged that the Petitioner has misled this Court by concealing material facts from the Court and from the record of "Scholar's Register Form" submitted by the Petitioner himself before the Respondent -Department, the date of birth given by the Petitioner to the Department was '02.09.1950' and not '02.09.1957' and, therefore, considering the correct date of birth as '02.09.1950', the Respondent -Department determined the date of retirement of the Petitioner as 30.09.2010 and to this effect, the retirement order was passed vide Annex -7. With the reply, the Respondents have also filed said document i.e. 'Scholar's Register Form' vide Annex -R/2, the relevant entry No. 3782 pertaining to the Petitioner.;