Ajit Kumar Sinha, J. - (1.) The present writ petition has been preferred for issuance of an appropriate writ, order or direction in the nature of certiorari for quashing of the letter no.2896 dated 13/17.11.08 issued under the signature of Respondent No.4 whereby and whereunder the Respondents have issued the notice of superannuation to the petitioner, treating his date of birth as 27.04.1949 instead of 11.04.1952 as entered in the Statutory Form-'B'/Identity Card and other Service Records of the Petitioner. The further prayer is for issuance of an appropriate writ commanding upon the respondents showing them cause as to how and under what circumstances, the utter disregard to the provisions of implementation Instructions No.76 particularly when there had been no variation in the petitioner's date of birth recorded in the Statutory Form'B'/Service Excerpts/Identity Card issued by the Respondent Company, the Respondents had unilaterally assessed the age of Petitioner as 60 years on 31.01.2004, which they themselves corrected and reassessed as 55 years as on 27.04.2004, instead of the original entry of the date of birth of the Petitioner i.e. 11.04.1952(26 years on 11.04.1978) which has been validly entered in the service records of the Petitioner. The further prayer is for appropriate command upon the respondents not to rely upon the alleged Memorandum of Settlement dated 05.07.04, contained in Reference No. 219 whereby and whereunder the Petitioner who was forced to sit idle/retire prematurely on the basis of erroneous entry of the date of birth had been compelled to accept unfair, unreasonable and unconscionable terms of settlement which cannot be binding and hence, is fit to be ignored.
(2.) There was a memorandum of settlement arrived at between the management and representative of the workmen, petitioner herein, on 5.7.2004 wherein both the parties in presence of the witnesses voluntarily agreed for a joint settlement and thus, the petitioner cannot, after lapse of 5 years, go against the settlement and challenge the date of birth.
(3.) This writ petition is accordingly dismissed without any order as to cost. Petition dismissed. ;