The court cannot compel an employer to continue an employee in service beyond the date of superannuation fixed by the contract of employment.

P. A. CHOUDHARY, J.

( 1 ) THE petitioner joined the services of H. E. H The Nizem State rell way in the year 1946 as a driver trainse in the Department of Road transport. As a result of the political changes that had taken place in the country, the Native State of the Nizam Dominions had disappeared and jts territory has become part of the territory of the Indian Union, censtituing part-B State of Hyderabad. By the subsequent Re-organisation of the states, Part-B State of Hyderabad was disintegrated. As a result, those working in the Road Transport Department of former Nizam State Railway were absorbed in the Andhra Pradesh State Road Transport Corporation (for short, the Corporation .) The petitioner has thus become, from the year 1956 onwards, an employes of the Corporation.

( 2 ) ON 7-3-1979 the District Manager, A P S R T C Kurnool, wrote the petitioner informing him that he would attain age of superannuation on September 30th, 1979 and would be retired with effect from that date. This letter of the District Manager was based upon the petitioner s date of birth as given by him and his service register at the time the petitioner joined the services of the Nizam State Railway in the year 1946. At the time when the petitioner joined the Nizam State Railway, his date of birth was shown as 18-9-1924. This date of birth was furnished by the peutioner on the support of his school register obtained from the wesley High School, Secunderabad. The petitioner was recruited on the basis of his application made to the H. E. H. , The Nizam State Railway wherein he described himself as battula Gabriel son of Battula Samuel and claimed to have been born on 18-9-1924. The petitioner was called for an interview and was askedto produce the school certificate in support of his age and the H. E. H The Nizam State Railway acting upon that date of birth selected the petitioneras a driver-trainee and appointed him on 8-2-1946. Later on, the petitioner earned several promotions and at the time of the impugned notice he was working as a Trafic Inspector of the Corporation.

( 3 ) THAT the petitioner s date of superannuation would be 18 9-1979 if his correct date of birth is taken to be 18-9-1924 is not in dispute. But the petitioner says that 18-9-1924 is not his correct date of birth. The petitioner now claims that his correct date of birth Is 8-12-1929. On that basis, he has filed this present writ petition seeking a writ of Manmus from this Court to direct the District Manager A. P. S. R. T. C, Kurnool to rescind the notice issued by the letter on 7-3-1979 and to continue the petitioner in the services of the Corporation till 8-12-1984 by altering his date of birth in the service register as 8-12-1929,

( 4 ) THE petitioner s case is that the entry relating to his date of birth in the school register is the result of a mistake committed by his illiterate mother. The petitioner says that that mistake occurred by the unfortunate circumstance of the death of his father while he was six-months old and his illiterate mother giving a wrong date of birth to the school authorities. The petitioner says that he is now informed by his relatives that he was born in the year 1929 and not in the year 1924. In order to lend -some colour of credibility to this somewhat hard-to-believe story of the petitioner, the petitioner produced an extract of birth certificate from the dhone Taluk Office, Kurnool District claiming the same as belonging to him. That extract exhibits 8-12-1929 as the date of birth. But that birth extract now produced from the Dhone Taluke Office, relates to the birth of one "madige Maddigadu of Cherukulapadu village of Dhone Taluk Kurnool district. " It also mentions the name of the mother of Maddigadu as ayyamma. Prime facie, it does not relate to the petitioner The school register which the petitioner produced in the year 1946 at the time of his joining the services of the Nizam State Railway was obtained from the wesley High School, Secunder

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