1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO.2565/2011 [Aftab Alam Ahmed Rasul .vrs. WCL and another] ................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ................................................................................................................................................................... Shri B. Lahiri, Advocate for petitioner, Shri S.C. Mehadia, Advocate for respondent nos.1 and 2. .......... CORAM : B.P. DHARMADHIKARI AND P.D. KODE, JJ. DATE : AUGUST 04, 2011. After hearing respective counsel, we find that earlier year of birth of the petitioner is alleged to have been recorded as 1951 and the same was then corrected to read as 12.2.1956. Because of overwriting in service book and some other material, respondents found this correction doubtful and hence old records were looked into. Respondents found that at the time of his entry into service in 1974, the petitioner declared himself to be 23 years old and hence year 1951 was entered as his year of birth. Respondents are relying upon single line B-Form register and service book entry (initially) for this purpose. According to the petitioner, 1951 was not 2 disclosed by him as year of birth and hence correction was made on basis of Sirdar’s certificate after verification of date 12.2.1956 as noted therein as his date of birth. The petitioner is relying upon the “Implementation Instruction No.76” particularly Clause (i)(b) to point out legal sanction behind this certificate. Considering the year of birth to be 1951, the petitioner is to retire on 30.9.2011. The petitioner has not been given any opportunity in the matter. In this situation, we direct the respondents to grant appropriate opportunity to the petitioner before taking any decision about his date of birth. The petitioner shall report to respondent No.2 (Chief General Manager, Nagpur Area, Nagpur) on 10.8.2011 for the said purpose. The petitioner will be given necessary opportunity in the matter and appropriate final decision shall be taken on his birth date before 30.9.2011. With this direction and keeping the contentions of both the sides open, we dispose of the petition. Steno copy is allowed. JUDGE JUDGE Gulande