(1) WP 873.2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.873 OF 2011 Vaijanath S/o Sanganbasappa Swami PETITIONER VERSUS The State of Maharashtra and ors. RESPONDENTS ..... Mr. R.J. Nirmal, Advocate for the Petitioner. Mrs. A.V. Gondhalekar, A.G.P. for the Respondent-State. Mr. V.D. Hon, Advocate for the respondent no.3 None present for the respondent no.2-though served. ..... CORAM : B.R. GAVAI AND M.T. JOSHI, JJ. DATED : 4TH OCTOBER, 2011 ORAL ORDER: 1. Rule. Rule made returnable forthwith. Heard finally, by consent of the parties. 2. Since the respondent no.2 inspite of being duly served, did not appear on the last date, we were constrained to issue notice on 27.09.2011, directing the personal presence of the respondent no.2. 3. Accordingly, Shri Ashok Lalchand Jagwani, presently working as Assistant Provident Fund Commissioner, Solapur has appeared in the matter. He (2) WP 873.2011 has tendered his unconditional apology. The same is accepted. 4. The petitioner has basically approached this Court, with a grievance that the date of birth of the petitioner was incorrectly recorded as 1st August, 1947 whereas in fact it is 1st April, 1944. 5. In the reply filed on behalf of the respondent-authorities, it is stated that the petitioner was originally employed in Osmanabad District Supervision Co-operative Society, Osmanabad and his date of birth was communicated as 1st August, 1947. However, perusal of the petitioner's service book would reveal that the date of birth of the petitioner, which is duly certified by the Assistant Registrar, Co-operative Societies, Osmanabad, is recorded as 1st April, 1944. On account of some inadvertence, the date of birth is incorrectly recorded as 1st August, 1947. 6. The Writ Petition is therefore allowed by directing the respondent-authorities to make the necessary correction of the date of birth of the (3) WP 873.2011 petitioner and correct it as 1st April, 1944 and accordingly pay the pension to the petitioner, as per the relevant rules. In the facts and circumstances of the case, there shall be no order as to costs. Rule made absolute accordingly. Sd/- Sd/- [M. T. JOSHI, J.] [B. R. GAVAI, J.] arp/