R.M.Prasad, J.

1. In this writ petition, the petitioner has assailed the validity of the order dated 25.6.1999, contained in Annexure-2, passed by the Deputy Administrator of the Patna Municipal Corporation. By the said order, 31.8.99 has been determined as the date of superannuation of the petitioner on the ground that he shall be completing 40 years of service in the Corporation on 9.8.1999.

2. In short, the relevant facts are that the petitioner entered in the service of the Corporation on 10.8.1959 and has been working as Driver-cum-Cinema Operator in the Head Office of the Corporation. It is claimed that his actual date of birth is 15.7.1943 which can be verified from the transfer certificate issued by the Headmaster of Rajkiya Madhya Vidyalaya Kewra Patna. It is also stated that in the service book his date of birth is recorded as 15.7.1943. A copy of the School Transfer Certificate has been annexed as Annexure-1, which was issued on 5.1.1982, i.e., much after the entry of the petitioner in service.

3. A counter-affidavit has been filed on behalf of respondent Nos. 2 and 3, in which it is admitted that the petitioner was engaged in the service of the Corporation on 10