CWP(T) No. 11560/2008 11.05.2011 Present: Mr. Vikas Bhardwaj, Advocate, for the petitioner. Mr. Shashi Shirshoo, Advocate, for the respondents Petitioner has prayed mainly for the following relief:- “1. That the act of the Respondents in retiring the Applicant on superannuation, w.e.f. 1.4.04 may kindly be declared illegal, arbitrary, contrary, unjust, unreasonable, unconstitutional and unsustainable in the eyes of law and the respondents may further be directed to allow the applicant to serve the Respondent Board as Beldar in view of the age certificate, Annexure A-2, till the completion of the age of 60 years, i.e. upto 31.12.06 alongwith all consequential benefits.” 2. It is the petitioner’s grievance that while determining the age of his retirement, respondents have not taken into account the certificate dated 17.11.2001 (Annexure A-2) issued by a duly constituted competent Medical Board. According to the respondents, petitioner submitted certificate (Annexure A-1) showing the date of birth to be 12.3.1944. Petitioner contends that this certificate, though obtained by him from the appropriate authority and submitted to the respondents, in fact pertained to one Hira Lal. The name of the person, on the certificate is written in Urdu whereas some of other particulars are written in English. Petitioner is a Beldar and an illiterate person. He does not know how to read Urdu. 3. In these circumstances, petitioner also appeared before the Medical Board, who issued certificate (Annexure A-2) indicating his age to be of 55 years. Now while taking decision, respondents-authority have not taken this certificate into account. According to the respondents, the inquiry got conducted by them revealed that the actual date of birth of the petitioner is in fact 12.3.1944. 4. Be that as it may be, respondents ought to have taken into account the authenticity and the effect of certificate (Annexure A-2). In these circumstances, a direction is issued to the respondents to take a decision by taking into account the certificate (Annexure A-2). All consequential actions be positively taken within a period of four months from the date of receipt of the certified copy of this order. With these observations, petition stands disposed of. May 11, 2011 ( Sanjay Karol ), (rana) Judge.