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Judgment
The Petitioner-Appellant joined as a Constable with the Bihar Military Police in 1968. At the time of entering the service he gave the year of his birth as 1945. He ran through his entire service serving for 35 years and when a few days remained to superannuate on 30 June 2003, he put an application on 15 May, 2003 trying to explain that his year of birth should be reckoned as 1949 and not 1945.
The retirement age in the Petitioner''s record is 58 years. He as served for 35 years, in other words, if the retirement age was 60 years then he would serve for 37 years.
There is no error on the order in declining to grant relief on the writ petition. The Petitioner-Appellant attempted to change his date of birth a few days before his retirement. This is unfair and a petition in any case cannot lie to resolve disputed question of facts for the askance by the Petitioner-Appellant within a few days of his retirement.
Thus, the Court does not find any error in the order on the writ petition. The Petitioner Appellant, according to the service record, was to retire on 30 June, 2003 and, in the circumstances of the case, he will be deemed to have retired on that very date.
Dismissed.