THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON'BLE SRI JUSTICE SANJAY KUMAR W.A.No.302 of 2005 JUDGMENT (Per Sri Justice Ghulam Mohammed) This appeal is filed aggrieved by the order dated 31.01.2005, passed by the learned single Judge of this Court dismissing the writ petition filed by the appellant seeking to declare the action of the respondents in forcing her to retire from service on 31.01.2005 by treating her date of birth as 17.01.1945 instead of 17.01.1955, as illegal and arbitrary. 2. This Court by order dated 14.03.2005, passed an order directing the respondents to refer the appellant to the Medical Board to ascertain her age. Accordingly, she was referred to the Department of Forensic Medicine, Osmania Medical College, Hyderabad, which in turn, issued Age Estimation Certificate, as per which, the age of the appellant as on 18.02.2006 is 50 years. Therefore, her date of birth would be in February, 1956 and she would attain the age of superannuation at the age of 60 years i.e., in 2016. 3. In the circumstances, we deem it appropriate to direct the respondents to continue the appellant till 2016 with continuity of service for the purpose of gratuity and retiral benefits, even though she retired from service in January, 2005 based on the recorded date of birth i.e., 17.01.1945. However, she is not entitled to backwages for the period remained out of service after her retirement, but she is entitled to increments, attendant benefits etc. With the above directions, the Writ Appeal is disposed of. No order as to costs. _____________________ GHULAM MOHAMMED, J _________________ SANJAY KUMAR, J Date:16.08.2011 sj