This writ application has been filed seeking implementation of an award dated 05.08.2011 passed in Reference case No. 2/2010 by the Industrial Tribunal, Patna on reference made by the State Government in respect of certain dispute over actual date of retirement of the petitioner.

2. The petitioner claims to have been appointed on the post of Mali in Patna Municipal Corporation on 09.02.1984. He is said to have submitted a school leaving certificate indicating his date of birth as 24.11.1957. However, it is the petitioner’s case that all of a sudden, memo No. 1631dated 18.12.2007 was issued by the Chief Executive Officer of Patna Municipal Corporation and he was being made to retire w.e.f. 30.11.2007, treating his date of birth to be 24.11.1947.

3. The petitioner, thereafter, filed a writ application before this court vide CWJC No. 4769/2008, which was permitted to be withdrawn by an order dated 05.09.2008. It is indicated at the very beginning that there is no pleading in the present writ application that the petitioner had earlier approached this court by filing CWJC No. 4769/2008, which was withdrawn by the said order dated 05.09.2008. In the said writ application, the peti