IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 1131 (SS) of 2011 Kisan Chand …Petitioner Versus State of Uttarakhand and another …Respondents Mr. B.S. Adhikari, Advocate present for the petitioner Mr. H.M. Raturi, learned standing counsel present for the State of Uttarakhand. Hon’ble Sudhanshu Dhulia, J. (Oral) Heard Mr. B.S. Adhikari, Advocate for the petitioner and Mr. H.M. Raturi, learned standing counsel for the State of Uttarakhand. The petitioner at the verge of retirement has raised disputed questions of fact regarding his date of birth. According to the petitioner, in the service record his date of birth is recorded as 14.8.1951 whereas his actual date of birth is 14.8.1954. This date of birth is according to the “Parivar Register” in the Panchayat office. Admittedly, less than one month before the age of superannuation the petitioner has raised this dispute. It is settled principle of law and also given in the U.P. Recruitment to Services (Determination of Date of Birth) Rules, 1974 that after joining the service, the date of birth or the age recorded in his service book at the time of his entry into the government service shall be deemed to be his correct date of birth or age. As such, there is no dispute about the legal position. Moreover such disputes even as per the aforesaid rules have to be raised well in time. This has not been done. In view of the above, the writ petition is dismissed in limine. No order as to costs. (Sudhanshu Dhulia, J.) Dated: 02.09.2011 VKG