THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No. 3778 OF 2011 O R D E R: This Writ Petition has been instituted seeking a writ of mandamus for declaring the action of the respondents in fixing the date of retirement of the writ petitioner as 01.03.2011 and rejecting his request for referring him to the Age Determination Committee/Medical Board, as illegal and arbitrary and consequently, to direct the respondents to rectify the entry regarding the date of birth of the writ petitioner in service register as 12.02.1958 instead of 12.02.1951. Pursuant to an order passed on 11.03.2011 by this Court, the writ petitioner’s case has been referred for assessment of his age as of now to a Medical Board, comprising of an Orthopaedic Surgeon and a Radiologist. Accordingly, the Singareni Collieries Company Limited referred the case of the writ petitioner to an Apex Medical Board on 23.03.2011. The Apex Medical Board has examined him clinically and also after radiological and dental examination, has assessed his age to be 55 years as of 23.03.2011. Therefore, the writ petitioner could not have been attempted to be retired until he attains the age of superannuation of 60 years, which he would be attaining only by the end of March 2016. Learned Standing Counsel for Singareni Collieries Company Limited submits that the Singareni Collieries Company Limited has accepted this finding of the Apex Medical Board and accordingly, treat the writ petitioner to be only of 55 years age as of March 2011 and consequently, it would not seek to retire the writ petitioner any time before the end of March 2016, otherwise than for any misconduct which he indulges in. Therefore, this Writ Petition is allowed, in view of the findings of the Apex Medical Board which the writ petitioner has also accepted as represented at the Bar by the learned counsel for the writ petitioner. No costs. Hence, a declaration will follow that the writ petitioner is entitled to be retained in service till the end of March 2016. The Singareni Collieries Company Limited will accordingly update all the service records of the petitioner maintained by them. The Medical Board’s opinion in original is taken on record and the learned Standing Counsel for the respondent is permitted to take a copy thereof. ---------------------------------- (NOOTY RAMAMOHANA RAO, J) 8th April 2011 ksld