1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.3009/06 Nathu Ram Bunkar vs. Rajasthan State Industrial Development & Anr. Date of order : 24/9/2008. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Sanjeev Prakash Sharma for the petitioner. Smt. Saroj Choudhary for the respondent. ****** Heard learned counsel for the parties. The petitioner has challenged the order dated 25.3.2006 by which the respondents have directed that his date of birth shall be treated as 24.5.1998 and has issued the order dated 28.3.2006 by which it has been directed that he will retire from service on 31.5.2006. The petitioner has been accordingly retired from service on 31.5.2006. Shri Sanjeev Prakash Sharma, learned counsel for the petitioner has relied on the identity card issued by RIICO showing his date of retirement to be July 1, 2013 and the declaration form of family pension scheme filled by him in which his date of birth has been mentioned as 1.7.1955. Learned counsel argued that the date of 2 birth of petitioner has been changed without any opportunity to the petitioner and that this has been made on the basis of horoscope which does not belong to the petitioner. The action of the respondents is therefore arbitrary and illegal and the same is liable to be set aside. The respondents have in compliance of the order passed by this Court on 18.1.2007 have produced on record various documents, originals whereof have also been produced for verification of the court. The service book of the petitioner indicates his date of birth to be 24.5.1948. The seniority list dated 8.5.89 indicates his date of birth as 24.5.1948. Another seniority list issued on 30.11.02 also indicates his date of birth to be 24.5.1948. The order granting selection scale to the petitioner in 1991 also indicates his date of birth to be 24.5.1948. The date of birth which is accepted by the respondents all through as 24.5.1948 cannot be now by issue of mandamus got changed from the respondents, particularly when the petitioner has also been accepting such date as correct by not questioning any of these 3 officials orders / documents. The writ petition is accordingly dismissed. (MOHAMMAD RAFIQ), J. RS/