M.Y.EQBAL, J. - (1.) HEARD the parties.
(2.) THE petitioner has challenged the order as contained in letter dated 8.2.2003 by which the respondents have decided to superannuate the petitioner on 30.6.2003. This writ petition was filed on 23.6.2003. I am fully aware of the settled proposition of law that the dispute with regard to date of birth between the employer and the employee cannot be gone into and decided by the writ Court under Article 227 of the Constitution of India. But in the peculiar facts and circumstances of this case the writ Court can interfere with the impugned letter whereby petitioner has been sought to be compulsory retired w.e.f. 30.6.2004.
(3.) PETITIONER 'scase is that he joined the services of the respondents on 24.2.1971. On the date of joining his date of birth as recorded in the service records is 20.6.1944. The said date of birth is mentioned in each and every service documents of the petitioner maintained by the respondents. It is contended by the petitioner that in the Admit Card, Matriculation Certificate etc. the date of birth of the petitioner has been mentioned as 20.6.1944. It is submitted on behalf of the petitioner that ignoring all these documents the respondents have illegally issued the impugned letter superannuating the petitioner w.e.f. 30.6.2003. In support of his case the petitioner has annexed series of documents.;