1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B. CIVIL WRIT PETITION No.9155/2007. : : Sukhpal Vs. State of Rajasthan & Ors. : : Date of Order 25.8.2008 HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr.Bhanwar Bagri for the petitioner. Mr.Shyam Sunder Sharma, Govt.Counsel for the State. The petitioner has filed this writ petition with the prayer that order dated 30.6.2007 by which he has been retired from service should be quashed and set aside. It is argued that 30.6.1947 has wrongly been entered as date of birth of the petitioner. It is on perusal of the order dated 3.3.1987 (Annex.1) issued by the Assistant Engineer, it appears that while the petitioner on completing two years service was given status of semi-permanent with his date of birth mentioned as 30.6.1947 according to medical certificate. The service book of the petitioner indicates that his date of birth is 30.6.1947 on the basis of medical certificate as also on the basis of horoscope. This dispute for the first time has been 2 raised in the first writ petition which has been filed by the petitioner in the year 2006. That was sought to be withdrawn thereafter this second writ petition was filed in 2007. The writ petition filed at the verge of retirement seeking change in date of birth cannot be entertained. In the result, the writ petition is dismissed as not maintainable. The petitioner is free to avail other remedy under the law including by filing civil suit. (MOHAMMAD RAFIQ)J. A.Arora/- Item No.32.