Pramath Patnaik, J. - (1.) In the instant writ petition, the petitioner has, inter alia, prayed for issuance of writ in the nature of mandamus commanding upon the respondents to treat his date of birth as 21.02.1955 and thereby allow him to work till his rightful date of superannuation.
(2.) The brief facts, as disclosed in the writ petition, are that the petitioner was appointed in the services of respondents as Piece Rated employee on 06.03.1983 on compassionate ground on account of death of his elder brother-Shyam Bihari Prasad. The date of birth of petitioner was recorded in the service documents as 21.02.1955 including the concerned register, Identification Certificate and Service Excerpt, as is evident from Annexure-1 to the writ petition. After rendering satisfactory services, the petitioner was placed in Time Rated scale and accordingly posted to the present post of Dumper khalasi/Fitter Helper in Grade E at Kusunda VI on 04/07.01.2002. During August,2007, for Master Health Check up (periodical medical examination), Form P was issued wherein the date of birth of the petitioner was mentioned as 04.11.1948 and age 59 years, as is evident from Annexure-3 to the said petition. Having known to the said entry, the petitioner immediately made representation before the respondents for necessary correction of date of birth, as is evident from Annexure-4 to the said petition, but the said representation of petitioner fell on deaf ear.
(3.) Being aggrieved by and dissatisfied with inaction on the part of the respondents, the petitioner left with no other alternative and efficacious remedy, has been constrained to knock the door of this Court under Article 226 of the Constitution of India for redressal of his grievances.;