6.3.2009 Present Mr. Tarlok Jamwal, Advocate for the petitioner. Mr. R. K. Sharma, Sr. Addl. A.G. with Mr. Vivek Thakur, Addl. A.G. for the respondents. CWP(T) No. 3395/2008 (OA No. 1019/96) The petitioner was retired on 30th June, 1994. Learned counsel for the petitioner has pointed out Annexure-P5 to contend that as per the register maintained by the office of the Chief Medical Officer, District Bilaspur, the actual year of the birth of the petitioner is 1938 and not 1934 as reflected in Annexure-P2 which is Pariwar Register maintained by Panchayat. On complaint filed with the State Government with regard to the exact date of birth of the petitioner the matter was got inquired by the State from Panchayat Inspector, who opined that the year of the birth of the petitioner is 1934 and not 1938 as claimed for by him. The petitioner made representation in terms of Annexure-A4 claiming the year of his birth to be 1940 on the basis of Annexure-A3. The petitioner himself is not sure of the exact year of his birth. Petitioner filed OA No. 684/1994 claiming his date of birth to be 24.3.1945. The said OA was disposed of in terms of order dated 23.3.1995 with a direction that the OA be treated as representation. The matter was considered and after due deliberations the impugned order dated 20.11.1995 was passed dismissing his representation. -2- The petitioner himself is not sure as to what is his date of birth. From the material on record it cannot be said with certainty that the exact year of the birth of the petitioner is 1938, infact he has pleaded to the contrary. In this view of the matter the petition being devoid of merits, petitioner’s prayer that his year of superannuation be treated as 1998 and not 1994, cannot be allowed. Petition is dismissed. (Sanjay Karol), Judge. March 6, 2009 (PK)