PREM SHANKER ASOPA, J. - (1.) HEARD learned Counsel for the parties.
(2.) BY this writ petition, the petitioner has challenged the order dated 8.8.1994 (Annexure/3) by which the petitioner was going to be retired on 30.6.1995 on attaining the superannuation age of 58 years. The submission of the counsel for the petitioner is that in the check form filled on 20.4.1978 wherein his age has been shown as 24 years without referring the date of birth and year of birth, therefore, the month ought to have been taken as per amended Regulation 4(D)(3)(Ex.R/5). According to which, if the year of birth is know but the month is not known then the month has to be taken as July of the respective year and as regard the year the same is to be calculated from the age i.e. 24 years mentioned in check form dated 20.4.1978 but without determining the age as per the amended regulation dated 3.8.1990. The petitioner has been retired although he will retire as per the check form, the calculation on 30.6.2001.
(3.) THE submission of Mr. Virendra Lodha, counsel for the respondents is that apart from the check form, the petitioner has filled various documents during service wherein categorically the date of birth is 1st of July 1937 which have been annexed with the reply as Annexure R/1 to Annexure R/7 except Annexure R/5 which is amended regulation. Therefore, there is even no need to invoke the amended of regulations No. 4(D)(3) and (4) and they have acted as per amended sub -regulation No. 5.;