- (1.) UNDISPUTEDLY , petitioner was appointed as driver in the organisation of respondent no.1 on 17.10.1971; undisputedly, in Form B, date of birth of the petitioner is recorded as 01.04.1946; accordingly, he stood retire on 31.03.2006. Thereafter, the petitioner has filed the present petition in the year 2008 saying that his correct date of birth is 12.02.1953 as such he ought not to have retired on 31.03.2006 and should be permitted to continue on the post till he attains the age of superannuation i.e. 11.02.2013.
(2.) LEARNED counsel appearing for the petitioner has vehemently argued that petitioner has passed Class VII from Government Middle School, Kasma, Rafiganj, Aurangabad in the year 1966 wherein his date of birth is recorded as 12.02.1953. This Court vide order dated 20.02.2010 has directed the respondents to verify the date of birth of the present petitioner from the concerned School and thereafter to file the counter affidavit before this Court.
(3.) LEARNED counsel appearing for the respondents has vehemently argued that although admission register was shown to them, however, neither the application form seeking admission nor was any other document shown to them by the School authority in order to verify the petitioner's date of birth in the School.;