Court No.2 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL. Writ Petition (S/S) No.7064/2001. Prem Singh Makhloga ……. Petitioner Versus Senior Personnel Officer, Tehri Hydro Development Corporation Tehri, District-Tehri Garhwal. ……. Respondents ……………….. Sri Vikas Pandey, learned counsel for the petitioner. Sri U.K.Uniyal, learned Sr. Advocate on behalf of the respondents. Date: May 02, 2008. Hon’ble P.C.Verma,J. By means of this petition the petitioner has sought writ of certiorari to quash the order/letter dated 19/20.11.2001 passed by respondent No.1, contained in annexure No.5 to the writ petition. Further, a writ of mandamus has also been sought to direct the respondents not to retire the petitioner from service on 31.12.2001 on the basis of wrong date of birth as also to correct the date of birth of the petitioner as per the Army record i.e. 19.11.1946. 2. The petitioner was serving in Tehri Hydro Development Corporation (in short THDC) as Driver in Mechanical Unit-II and his staff number was 3411834. The petitioner is an ex serviceman and he was appointed in the year 1965 in the Army (Pioneer Corps). After retirement from Army the petitioner joined in the Irrigation Department, U.P. as Chaukidar/Cleaner in 2 Tehri Dam Division in the year 1977. In the year 1989 the Tehri Hydro Development Corporation was established and the petitioner’s services were transferred in THDC. The date of birth of the petitioner is 19.11.1946 and it was entered in the Army record. On being come to know that his date of birth has wrongly been entered in the service record of the THDC, he moved representation to correct his date of birth in the service record. The Deputy General Manager of Technical Unit of THDC also wrote a letter on 06.08.1999 to the Personnel and Administrative Department of THDC that the date of birth of the petitioner is 19.11.1946 as is evident from the Army record but the respondent did not pay any heed. As ex-serviceman the petitioner has valid Identity Card issued by the Soldier Board, Tehri Garhwal. According to the Identity Card issued by the Zila Sainik Board, Tehri Garhwal, the date of birth of the petitioner is 19.11.1946. In the year 1999 the petitioner personally approached the authority of Pioneer Corps, Bangalore and the record office of the Pioneer Corps informed the petitioner by post through letter dated 22.06.1999 that as per service records held in the office of Pioneer Corps the date of birth of the petitioner is 19 Nov. 1946. Since the respondents took no action regarding correction of date of birth, the petitioner has preferred the present writ petition for above mentioned relief. 3. In this case the respondents have not filed counter affidavit in rebuttal till date. 4. Heard learned counsel for the parties and perused the file. In support of his case the petitioner filed copy of Ex Serviceman Identity Card, contained in 3 Annexure No.3 to the writ petition, in which his date of birth has been recorded 19 November, 1946. He also filed copy of letter dated 22.06.1999 sent by the Record Office of Pioneer Corps, contained in Annexure No.4 to the writ petition, by which the petitioner was intimated that as per service record of Pioneer Corps his date of birth is 19 November, 1946. Hence it is fully proved that the date of birth of petitioner is 19 November, 1946 and in the record of THDC it had wrongly been entered as 1941. The learned counsel for the petitioner stated that the petitioner has been retired from service on 31.12.2001. It was incumbent upon the respondents to correct the date of birth of the petitioner in the service record and the petitioner should have been superannuated in the month of November 2006. 5. Since the petitioner has been superannuated from service in the month of December 2001 calculating 60 years of age on the basis of wrong entry of date of birth and he has not worked thereafter in THDC, he shall not be paid any arrears of salary. However, the petitioner shall be given post retiral benefits counting the five years’ more service. 6. With the aforesaid observation, the petition is disposed of finally. (P.C.Verma,J.) 02.05.2008 P.Singh