1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR WRIT PETITION NO. 1111/2008 (Ramrao Zitruji Khond vs. State of Maharashtra and others ) ---------------------------------------------------------------------------------------------------------------- Office Notes, Office Memorandum of Coram Court's or Judges Order appearances, Court's orders of directions and Registrar's orders. .................................................................................................................................................................. CORAM: D.D. SINH A & SMT. V.A . NAIK , JJ. DATED: 19th March, 2008. *** Heard Mr S R Deshpande, learned counsel for petitioner and Mrs. Indira Bodade, learned AGP for Respondents. 2. This Petition is directed against the order dated 11.7.2007 passed by the Maharashtra Administrative Tribunal whereby the Original Application filed by the petitioner came to be dismissed. Learned counsel for the petitioner submits that though the petitioner has forwarded his application dated 27.2.1979 to the Competent Authority for correcting the date of birth which was within five years from the date of his appointment, however, the Competent Authority ignored this aspect and concluded that the petitioner has failed to submit the application seeking correction within five years as required under Rule 38 of the Maharashtra Civil Services (General Conditions of Service) Rules, 1981 and, therefore the order of the Tribunal is bad in law. 3. Mrs. Bodade, learned AGP submitted that there is no acknowledgment placed on record before the Tribunal by the petitioner in respect of alleged application dated 27.2.1979. 2 However, for the first time, the Competent Authority has received the application of the petitioner which was made beyond the period of five years, therefore, the Tribunal has disallowed the claim. 4. Considered the contentions. Perused the application. In view of the above referred facts, the conclusion arrived at by the Tribunal cannot be said to be unfounded. Hence no case is made out for showing indulgence. Petition is dismissed. JUDGE JUDGE sahare