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Judgment
M.Y. Eqbal, J.—Petitioner is challenging the order which was communicated, vide letter dated 1.6.2003 whereby he was informed that he will superannuate with effect from 1.7.2003. The relevant, extract of the order as contained in the aforesaid letter reads as under :
As evident from your service record and statutory Form ''B'' Register duly authenticated by You your date/year of birth is 1.7.1943 and consequently your service will stand terminated by way of superannuation with effect from 1.7.2003 in view of the position explained above. It is hereby informed that the management would terminate your service with effect from 1.7.2003 on attainment of age of 60 years i.e., age of superannuation prevalent in E.C.L.
Your will be paid Gratuity as per provision of the Payment of Gratuity Act, 1972. Please submit your application claiming payment of gratuity in Form I as prescribed form under P.G. Act and Rules framed there-under after handing over vacant position of quarter and store materials, if issued to you.
Your are also advised to avail your leave which is due in your credit.
From the aforesaid order it appears that in Form-B register the date of birth of the petitioner as mentioned is 1.7.1943. Petitioner claims that his date of birth is 1948, In my opinion, the moment an employee challenges the correctness of the date of birth mentioned in Form-B register, this Court cannot got into the question under Article 226 of the Constitution of India. The said employee may either move to the Industrial Tribunal or get the date of birth adjudicated by civil Court of competent jurisdiction.
As noticed above the question, which is to be determined in the instant writ petition, is whether the date of birth mentioned in Form-B register is correct or the date of birth as claimed by the petitioner is correct. This question cannot be adjudicated by this Court in the exercise of writ jurisdiction. Hence, this writ petition is dismissed.