CWP(T) No. 4769/2008 24.6.2010 Present: Mr. J. L. Bhardwaj, Advocate, for the petitioner. Mr. R. K. Sharma, Sr. Addl. A. G. with Mr. Ram Murti Bisht, Dy. A.G. for respondents No.1 & 2. Petitioner has assailed the order dated 11.11.1997 (Annexure A- 2) whereby he was retired from service w.e.f. 30.11.1997. 2. It is not in dispute that petitioner’s services were regularized in August, 1997. At the time of regularization petitioner informed the authorities by way of filing documents, including the affidavit that his date of birth is 11.1.1949. This fact was got verified by the authorities and it was found out that petitioner had wrongly indicated his date of birth to be 11.1.1949 whereas actually it was 1.12.1937. This is evident from the certificate issued by the Secretary, Gram Panchayat, Chamayal, Tehsil Arki (Annexure R-2) dated 8.7.1997. Now this certificate has been issued later in point in time and is based on the entries made in the family register Part-I page 35. This certificate has not been specifically assailed in this petition. Petitioner was to be regularized pursuant to the directions issued by the Apex Court in the case of Mool Raj Upadhaya . He has been rightly retired w.e.f. 30.11.1997 after attaining the age of superannuation. 3. The contention that the date of birth of the petitioner is evident from Annexure A-4 cannot be gone into in a writ jurisdiction. No legally enforceable right of the petitioner stands violated. 4. For the aforesaid reasons, I find no merit in the present petition and the same is accordingly dismissed. ( Sanjay Karol ), Judge. June 24, 2010 (rana)