R. M. S. KHANDEPARKAR, J. : - Heard learned Advocates for the petitioner and the respondent. The petitioner challenges the judgment and order dated 23rd July, 1998 passed by the Central Administrative Tribunal dismissing OA No. 732 of 1997 filed by the petitioner. The said appeal was filed by the petitioner seeking a direction to the respondent to accept his date of birth as was recorded in the service register supported by the date of birth Certificate issued by the Solapur Municipality and consequently to direct the respondent to retire the petitioner on his attaining the age of 58 years on the basis of his date of birth as 6th May, 1940 and not as 5th September, 1939.

2. The petitioner joined the services in the Central Railway as Assistant Surgeon Grade I in Group c sometimes in the year 1965.

3. An application came to be filed by the petitioner on 2nd September, 1985 requesting for alteration in the recorded date of birth of the petitioner in the service records of the respondent. On 3rd July, 1997 the petitioner approached the respondent with a request that the respondent shall not retire the petitioner on the basis of the date of birth as mentioned in SSC Certificate and requested that he may be retired on the basis of the date of birth as shown in the service records. The application was sought to be supported by a domicile certificate dated 26th May, 1959. On 7th July, 1997 D.R.M. (B) Solapur issued a letter to the effect that the petitioners date of birth was shown as 6th May, 1940 but in his SSC Certificate the same was shown as 5th September, 1939 and hence it was ordered to retire the petitioner on the basis of his date of birth i.e. 5th September, 1939.

4. Being aggrieved the petitioner filed A.O. No. 732 of 1997. During the pendency of the said appeal, an order came to be passed by the respondent on 25th August, 1997 to retire the petitioner with effect from 30th September, 1997. 5. On 23rd July, 1998 after hearing the parties the said A.O. 732 of 1997 was dismissed by the impugned judgment.

6. It is the case of the petitioner that the date of birth of the petitioner as disclosed in the certificate issued by the Solapur Municipality is 6th May, 1940, though it is not so reflected from the service records, but the fact remains that the petitioner was actually born on 6th May, 1940 and this is also supported by the passport issued in favour of the petitioner by the Government and therefore the respondent should not have retired the petitioner on 30 -9 -1997, much prior to completion of 58 years considering his date of birth to be 6th May, 1940. It is further the contention of the petitioner that the date of birth being wrongly recorded in the service records and as there was a notification issued on 26th June, 1985 to enable the employees to correct their date of birth in the relevant records, the petitioner had filed an application on 2nd September, 1985 for necessary alteration of the date of birth in the service records of the petitioner. However, the said application was kept pending without being disposed of and merely, on assumption that the petitioner was born on 5th September, 1939 that he was made to retire on 30th September, 1997.

7. It is further the contention of the petitioner that when he approached the respondent in July, 1997 and further before the Tribunal in August, 1997 he did not approach for any change in the service records in relation to his date of birth, but his request was essentially to the effect that he should not be retired prior to the completion of the period of 58 years on the basis of his true date of birth which is reflected from the birth certificate issued by the Solapur Municipality and having ignored the same, the tribunal has acted illegally while dismissing the appeal filed by the petitioner.

8. On the other hand it is the case of the respondent that the correct date of birth of the petitioner was recorded in the service records of the petitioner at the tim