THE HON'BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON'BLE SRI JUSTICE SANJAY KUMAR W.A.No.782 of 2011 ORDER: (Per Sri G.M,J) 1 Challenging the order dated 16.09.2011 passed in W.P.No.25273 of 2011 by a learned Single Judge of this Court the appellant filed the present appeal. 2 The facts in brief are that the appellant filed the W.P.No.25273 of 2011 seeking a direction more in the nature of writ of mandamus declaring the action of the respondents in trying to superannuate him before he attains the age of superannuation by not taking into consideration his date of birth as entered in the service records i.e. 04.02.1953 and by taking the date of birth as 05.09.1951 as illegal and arbitrary. 3 The learned Judge while dismissing the Writ Petition observed that though the petitioner mentioned his date of birth as 04.02.1953 in the bio data, but, as there was no proof, his date of birth was treated as 05.09.1951, further, the petitioner had already withdrawn 90% of the provident fund. Hence the request of the appellant was rejected. Challenging the said finding, the writ petitioner filed the present Writ Appeal. 4 Heard. Perused the impugned order. 5 Though the appellant had mentioned his date of birth as 04.02.1953 in his bio data at the time of his joining the service of the respondents, the appellant was subjected to medical test and the medical officer had certified the age of the appellant as 45 years as on 05.09.1996. Hence his date of birth was treated as 05.09.1951 and his date of birth all through the service was treated as 05.09.1951 only. Admittedly, the appellant was paid 90% of the provident fund on his application and at the fag end of his service, the appellant, having withdrawn the provident fund and other service benefits, approached this court seeking a direction to the respondents to alter his date of birth, which in our considered opinion, is not correct. 6 Hence, we are of the firm view that the order passed by the learned single Judge needs no interference since the same is based on sound reasoning and the Writ Appeal is accordingly dismissed. No costs. ---------------------------- GHULAM MOHAMMED, J Date:29.09.2011 ---------------------- SANJAY KUMAR, J Kvsn