1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2025 OF 1999 Narayan Y.Yadav .. Petitioner V/s. Rashtriya Chemicals & Fertilizers Ltd. & Ors. .. Respondents Mr. Shekhar Jagtap i/b.J.Shekhar & Co.for the Petitioner. Mr.Girish Kulkarni i/b.Mr.M.S.Bodhanwalla & Co for Respondent Nos.1 and 2. Mr.R.Mishra for Respondent No.3. CORAM : D.K.DESHMUKH and R.G.KETKAR, JJ. DATED : 15TH SEPTEMBER, 2009. P.C. The dispute in this petition is only as to what is the exact date of birth of the Petitioner. The Petitioner was claiming that his date of birth is 24th July, 1940 and as per the Respondent the correct date of birth is 1st July, 1939. Admittedly, the Petitioner has retired from service on 2 completion of 58 years of age on 4th December, 1997. According to his date of birth on record i.e. 1st July, 1939, the Petitioner ought to have been retired on 30th July, 1997, but somehow he continued till 4th December, 1997 and he has also been paid for that. The only question that is to be considered is whether the petitioner was entitled to continue in service till 30th June, 1998. 2. The Petitioner by this petition challenges the order passed by the Respondent after holding enquiry that the correct date of the birth of the Petitioner is 1st July, 1939. Before us the original school leaving certificate of the Petitioner dated 7th June, 1958 has been produced. It clearly shows that the date of birth is mentioned as 1st July, 1939 and that date of birth has not been changed till today. What is further to be seen here is that the Petitioner has himself applied for withdrawal of 90 percent of Provident Fund amount on 9th October, 1996. The relevant portion from the application of the Petitioner reads thus : “ I understand that as per Provident Fund Rules, 90 % of the Provident Fund accumulations can be withdrawn within one year of retirement or after completion of 54 years of age whichever is later. I am eligible for above withdrawal. I therefore, apply for 3 withdrawal of 90 % of my Provident Fund accumulations. The necessary details, recommendations from my Head of Department, Administration Department and Certification from Personal Department for my date of retirement are given below:-” 3. If the date of birth of the Petitioner i.e. 4th July, 1940 is correct, he would be completing 54 years of age in 1994 and therefore he would not be entitled to withdraw 90 % of the Provident Fund amount. He would be entitled to withdraw 90 percent of the amount within one year of his retirement. In this application the Petitioner clearly conceded that his date of birth was 1st July, 1939. 4. In our opinion, the petitioner having made representation that his date of birth is 1st July, 1939 and on that basis having withdraw 90 % of Provident Fund now he cannot turn around and claim that this is not the correct date of birth. We find that these two documents i.e. original school leaving certificate and the application of the Petitioner for withdrawal of 90 % of Provident Fund amount, clearly establish that the correct date of birth the Petitioner is 1st July, 1939. Thus, we find no fault the order impugned in this petition. The Petition is, therefore, 4 dismissed. 5. Rule discharged. No order as to costs. 6. Due to interim order passed, if any amount is deposited in this Court, the same may be refunded to the Respondent. (D.K.DESHMUKH, J.) (R.G.KETKAR, J.)