M.Y.EQBAL, J. - (1.) HEARD the parties.
(2.) IN this writ application the petitioner has prayed for quashing the letter No. 915 dated 28.4.2000, whereby petitioner was informed that he will be superannuated on 30.11.2000 on the basis of age assessed by the Medical Board. Petitioners case is that he was appointed in 1964 as unskilled Khalasi. After appointment his age was ascertained by the doctor duly appointed by the respondents and his date of birth was recorded in the service -book as 17.4.1942. On the basis of entry made in the service -book respondents issued identity card wherein date of birth of the petitioner was mentioned as 17.4.1942. Surprisingly, in 1999 respondents vide letter dated 16.6.1999 directed the petitioner to appear before the Medical Board to ascertain the age. Since petitioner was in service he could not disobey the directions of the respondents and accordingly he appeared before tin: Medical Board on 3.11.1999. In the medical examination the age of the petitioner was assessed as 58 -60 (59) as on 3.11.1999. In other words the date of birth of the petitioner was assessed as 1940. Immediately thereafter the impugned letter was issued on 28.4.2000 whereby the petitioner was informed that he shall be superannuated on 30.11.2000.
(3.) A counter affidavit has been filed by the respondents wherein the initial (sic) of the petitioner in 1964 and issuance of identity card regarding date of birth as 17.4.1942 has not been denied or disputed by the respondents. It is stated that taking into consideration regarding release of the retirement benefit and settlement of dispute regarding manipulation in date of birth of the petitioner caused suspicion about the date of birth of the petitioner and therefore he was subjected to medical examination. On the basis of assessment made by the Medical Board petitioner was informed about his date of superannuation accordingly.;