JUDGMENT :

AVINASH G. GHAROTE, J.

1. Heard. Rule. Rule made returnable forthwith. The petition is heard finally with the consent of the learned counsel for the parties.

2. Heard Mr. Khubalkar, learned counsel for the petitioner, Mr. Sharma, learned counsel for the respondent Nos. 1 and 4, Mr. S.M. Ghodeswar, learned Assistant Government Pleader for respondent Nos. 2 and 3 and Mr. Rohan Deo, learned counsel, who was asked to assist the Court.

3. The petition questions the communication dated 01/09/2023 (Page 56) issued by the respondent No. 1, intimating to the petitioner that he would be completing 60 years of age on 29/02/2024 and therefore, would be superannuating from the post of Professor and Head of Department held by him in Shri Ayurved Mahavidyalalya, Hanuman Nagar, Nagpur run by the respondent No. 4.

4. The contentions of Mr. Khubalkar, learned counsel for the petitioner, are as under:

4.1. That the actual date of birth of the petitioner is 02/02/1966 and not 02/02/1964 as was recorded in the service record earlier.

4.2. Since the father of the petitioner was illiterate the birth of the petitioner was never reported to the authority under the Registration of Birth and Deaths Act,