Dhirubhai Naranbhai Patel, J. - (1.) THIS Civil Review Application has been preferred for modification of the order passed by this Court dated 14th July, 2008 in W.P. (S) No. 1176 of 2003.
(2.) LEARNED counsel for the petitioner submits that the aforesaid order was challenged by way of a Letters Patent Appeal being L.P.A. No. 306 of 2008, which was disposed of by a Division Bench of this Court vide order dated 29th August, 2008 with a liberty to the appellant -petitioner herein to prefer a Review Application and hence, the present Review Application has been preferred by this petitioner. Learned counsel for the petitioner further submits that as per the petitioner, his correct date of birth is 19th October, 1953 and, therefore, this petitioner should have retired from the services of the respondents in the year 2013 whereas the respondents have treated the date of birth of this petitioner as 31st January, 1944 and thereby, he was compelled to retire on 31st January, 2004, whereas as per the documentary evidence, which are at Annexure 1, 2, 3, 4, 5 and 7 to the memo of Review Application, the respondents should have corrected the date of birth of this petitioner as 19th October, 1953 instead of 31st January, 1944. It is, thus, submitted by the learned counsel for the petitioner that the aforesaid aspects of the matter has not been properly appreciated by this Court, while dismissed the earlier writ petition and, therefore, this Civil Review Application has been preferred.
(3.) LEARNED counsel appearing for the respondents submits that several documents have been procured by this petitioner after 25 years of his service or at the fag end of his service career. Moreover, the scope of civil review is very limited, which never permits the Court to sit in appeal. This Civil Review Application is not an appeal in disguise. It is also submitted by the learned counsel for the respondents that at the fag end of service career of this petitioner and now after more than one decade of his superannuation, the date of birth of this petitioner may not be ordered to be changed or altered and hence, this Civil Review Application may not be entertained by this Court.;