- (1.) In the present writ petition the petitioner prays for issuance of an appropriate writ in the nature of certiorari to quash the order, passed vide Memo No. 201 I dated 5.4.2003 by respondent no.3 read with the corrigendum dated 7.4.2003 issued under Memo No. 264 -II by respondent no.3 under the orders of respondent no.2, whereby the petitioner has been forced to superannuate with effect from 31.1.2000 treating his date of birth as 17.1.1942.
(2.) LEARNED counsel for the petitioner submits that his date of birth was 1.4.1946 even as per the certificate, issued by the Bihar School Examination Board, which was wrongly mentioned in his service book as 17.1.1942 and the petitioner made a representation for correction of age, which was duly corrected in the year, 1989. Learned counsel for the petitioner has also annexed the seniority list dated 11.6.1996 in which the petitioners name figures at serial no.127, wherein, his date of birth is shown as 1.5.1946 but inspite of that he was superannuated on the basis of incorrect date of birth dated 17.1.1942. The petitioner has since superannuated and would have superannuated even if the date of birth is taken as 1.5.1946. However, he is certainly entitled to the retiral benefits and the arrears for the period for which he has already made a representation, which has still not been disposed of. In the light of the aforesaid, the petitioner has prima facie a case in his favour. The respondents are, accordingly, directed to consider and dispose of the representation of the petitioner in the light of the aforesaid observations within a period of three months from the date of receipt/production of a copy of this order. It goes without saying that the admitted retiral dues will certainly be paid without any delay. This writ petition is, accordingly, disposed of with the aforesaid observations but without any order as to costs. ;