A. Rajasekhar Reddy, J.

1. This writ petition is filed seeking to issue a writ of Mandamus to declare the Notification issued by respondent No. 2 in proceedings No. P1/639(6)/2001-MDK, dated 9.11.2001, retiring the petitioner from service with effect from 30.4.2002 as illegal and arbitrary, and consequently, to grant all consequential benefits.

2. The brief facts that are necessary for disposal of the present writ petition may be stated as follows:

"The petitioner was selected by the Selection Committee for appointment to the post of Driver in Karimnagar Division by the respondent Corporation. After his selection, he was sent for medical examination and after medical check up, the Doctor only assessed his fitness, but no test was conducted for determining his age. In the application form itself, the petitioner specifically stated that his educational qualification was 7th class and since the respondent Corporation did not ask for production of the school certificate, he did not produce. Subsequently, he appeared for S.S.C. examination and passed in the year 1981 and produced the certificate before the respondent Corporation for consideration of his case for promotion as Driving Instructor. He submitted his certificate in the year 1985 itself. The petitioner filed W.P. No. 1295 of 1988 before this Court for consideration of his case for promotion to the post of Driving Inspector in Medak Division as per Rules. This Court, by order, dated 29.4.1988, directed the respondent Corporation to consider his case for promotion. On receipt of the said order, the petitioner was issued show cause notice of removal, dated 17.5.1988, for having failed to submit the correct documents relating to his name and failed to produce his age certificate at the time of joining the Corporation and further alleging that he failed to produce educational qualification certificate and declare his qualification at the time of joining the service of the respondent Corporation. Thereafter, petitioner was removed from service by order, dated 30.11.1988, without giving any opportunity. Challenging the said order of removal, the petitioner filed W.P. No. 18429 of 1998 and this Court suspended the order of removal by order, dated 30.12.1988, and accordingly, he continued in service and subsequently, his writ petition was allowed by judgment, dated 17.2.1992. Respondent No. 2 issued notification, dated 9.11.2001, proposing to retire the petitioner from service on the afternoon of 30.4.2002 on attaining the age of superannuation. The respondent Corporation cannot issue the order of retirement by taking into account the date of birth as mentioned by the doctor at the time of medical examination as 17.4.1944. Even as per the school certificate, his date of birth is 12.3.1947. The respondent entered the date of birth contrary to the school certificate. Aggrieved by the same, the petitioner filed the present writ petition."

3. A counter-affidavit is filed by the respondent Corporation stating that the petitioner was appointed as Retainer Driver in the name of P. Manikyam, S/o. Yadaiah. His services were regularised as temporary driver with effect from 01.3.1971 and later, his probation was confirmed. He was removed from service on 19.11.1988 for having cheated the Corporation by producing incorrect documents and later, reinstated into service on 19.4.1989. It is also stated that at the time of joining the service of the Corporation in the year 1968, he gave his age as 24 years. Based on that, in medical certificate No. 01-20716, dated 17.4.1968, his age was mentioned as 24 years. Basing on the same, the date of birth of the petitioner was entered in his service record as 17.4.1944. It remained the same till date. The petitioner never applied for correction of his date of birth till 03.12.2001. In the medical certificate, dated 21.8.1974, his age was given as 30 years, which shows that he was born in 1944. In the reference of the petitioner for medical examination, dat