1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7679 OF 2008 DIST.: NASHIK Kishan Ramchandra Shirsath ...Petitioner Versus Deputy General Manager, Union Bank of India, & Ors. ...Respondents Mr. Tushar Sonawane for the Petitioner Ms. Rita Joshi for Respondents No. 1 to 3 Mr. P.I. Khemani, Assistant Government Pleader, for Respondent No. 4. CORAM: B ILAL NAZKI and J.H. BHATIA , JJ. DATE: DECEMBER 12, 2008 P.C.:- The petitioner prays that a direction should be given to the respondents to confirm his service as a driver in the bank. 2. From the material supplied by the petitioner himself, it is clear that he had never been appointed to the bank's service, and there was no relationship of an employee and employer with the bank. There has been a personal contract between some of the bank's employees with 2 the petitioner, who employed him as their personal driver. This is an admitted position, as is revealed from the application of the petitioner, a copy of which is annexed, and also from the reply he received from the bank. Besides, it appears that the petitioner is more than 60 years of age. Although, in his petition, he has claimed to be aged 53 years, but the School Leaving Certificate has been placed by the respondents before the Court, which shows his date of birth as 5th August, 1943. The petitioner was admitted in the school on 12th March, 1950, and now, he claims that his date of birth is 1953. Obviously, he could not have been admitted to the school three years prior to his date of birth. Therefore, the petition is misconceived and dismissed. BILAL NAZKI, J. J.H. BHATIA, J.