1 IN THE HIGH COURT OF JUDICMTURE AT BOMBAY NAGPUR BENCH, NAGPUR. Writ Petition No. 5256 of 2008 Bhaurao v. The State of Maharashtra and ors ------------------------------------------------------------------------------------------------------------- - Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. Mr S.P. Palshikar, Adv for petitioner. Coram : D.D. Sinha and A.P. Bhangale, JJ Dated : 20th January 2009 Heard Mr S.P. Palshikar, learned counsel for the petitioner. This petition is directed against the order dated 25.4.2008 passed by the Maharashtra Administrative Tribunal whereby Original Application of the petitioner was dismissed. Learned counsel for the petitioner states that grievance of the petitioner is in respect of date of birth recorded in the Service Book of the petitioner. It is contended that petitioner had submitted application for correcting the date of birth within a period of five years from the date of his appointment, however, copy thereof could not be preserved by the petitioner, but the fact remains that application was made by the petitioner for correcting 2 date of birth within five years and, therefore, action of the petitioner is in consonance with rule 38 of the Maharashtra Civil Services Rules. According to learned counsel for the petitioner, order impugned is bad in law Considered the contentions canvassed by learned counsel for the petitioner. It is not in dispute that except the statement of the petitioner that the application was made within five years from the date of appointment for correcting date of birth, there is no evidence placed on record to substantiate this aspect. Similarly, second time when the petitioner submitted application for correcting date of birth, it was admittedly after 23 years. In the circumstances, finding recorded by the Tribunal cannot be said to be unsustainable in law. Consequently, no case is made out for showing indulgence. Writ Petition is dismissed. Judge. Judge. hsj