WP(C) 3860/2009 BEFORE HON’BLE MR. JUSTICE HRISHIKESH ROY Heard Mr. S. Sarma, learned counsel appearing for the petitioner. Also heard Mr. M.K. Choudhury, learned Senior Counsel representing the respondent Corporation and its officials. The petitioner serving as a Security Guard under the Indian Oil Corporat ion (IOC) has approached this Court seeking a direction on the respondents to co rrect the date of birth recorded in his Service Book and with a further prayer t o not to retire him from service w.e.f. 31.12.2009. It appears from the Annexure-5 document that the petitioner for the firs t time on 12.4.2007 had indicated that the date of birth recorded in his Service Book is incorrect and his actual date of birth is 31.12.1952 and not 31.12.1949 . The respondents have filed counter affidavit wherein it is indicated tha t it is the petitioner himself who had indicated his birth date as 31.12.1949 an d until his representation made on 12.7.2007, he had never claimed correction of his recorded date of birth. It is further recorded that all the relevant documents in connection wit h the writ petitioner records his date of birth as 21.12.1949 and therefore the I.O.C. Authorities does not consider the belated claim made by the petitioner to be a justified claim, deserving consideration of the employer. Mr. S. Sarma, learned counsel appearing for the petitioner submits that if the petitioner is made to retire on 31.12.2009 by taking his date of birth 31 .12.1952 as is recorded in his Service Book, writ petition itself would become i nfractuous. Accordingly he submits that this case may be disposed of by directin g the respondents to take a decision on the representation dated 12.4.2007 filed by the petitioner, as no decision on the said representation is taken by the em ployer till date. Mr. M.K. Choudhury, learned Senior counsel representing the respondents does not have any objection for consideration of the said representation on meri t. In view of the agreement noticed above, this petition is disposed of by directing the respondents to take a decision on the representation dated 12.4.20 07 (Annexure-5) filed by the petitioner. To enable such consideration, the petit ioner would furnish a copy of this Court’s order along with a fresh copy of the representation, so that the said representation can be disposed of on merit by t he competent authority of the respondents. This petition is disposed of in light of the above direction.