Pramath Patnaik, J. - (1.) In the instant writ application, the petitioner has inter alia prayed for quashing the order dated 09.05.2008, by which, the claim of the petitioner for correction in date of birth as 20.04.1957 instead of 05.02.1949 has been rejected and also for quashing the impugned order dated 18.08.2008, by which, a notice has been issued for retirement from the services w.e.f 28.02.2009 and further prayer has been made for direction upon the respondents to continue the petitioner till the age of 60 years to be counted from 20.04.1957.
(2.) Heard Mr. Dipak Kumar Dubey, learned counsel for the petitioner and Ms. Swati Shalini, learned counsel for the respondents.
(3.) Learned counsel for the petitioner submitted that the petitioner has passed the Matriculation Examination in the year 1971 and certificate to that effect was also issued by Bihar School Examination Board showing his date of birth to be 20.04.1957 and after joining the service in the year 1971, while the petitioner was posted at Sirka Colliery, he submitted the said certificate before the respondents-authorities. However, when the petitioner came to know about the wrong entry of his date of birth in his service excerpts, he immediately submitted representation for correction in date of birth but it did not evoke any response. In this regard, learned counsel for the petitioner referring to Rule N.C.W.A 3 submit that correction of date of birth has to be done in terms of Matriculation Certificate or equivalent prior to appointment and in the case at hand admittedly, the petitioner obtained the certificate prior to securing appointment. It has further been submitted that even the certificate produced by the petitioner was examined and Bihar School Examination Board vide letter dated 16.03.2005 has found the certificate to be genuine one and his date of birth to be 20.04.1957. Referring to Implementation Instruction No. 76, learned counsel for the petitioner submits that matriculation certificate should be treated as correct provided it is obtained prior to date of employment.;