( 1 ) BY this writ petition filed under Art. 226/227 of the Constitution of India, the petitioner has substantially challenged the validity of the impugned order dated 28-2-2004 (Annexure P-9) passed in misc. Civil Appeal No. 5/2003 by the additional District Judge, Balod, District Durg (C. G. ).

( 2 ) THE facts of the case are that the petitioner filed a civil suit in the Court of Civil judge, Class-II, Balod for the relief of declaration that the actual date of birth of the petitioner is 9-11-1948. He further claims that according to the said date of birth, he is entitled to work to the age of 60 years (the age of superannuation) and thereafter he should be retired on 30-11-2008. A relief of permanent injunction was also sought for by the petitioner praying that the defendants should be restrained from superannuating the petitioner on 31-3-2003. A copy of the plaint is filed as Annexure P-3. The case of the petitioner is that he was appointed as a labour on 27-3-1973 and thereafter he was appointed as a regular employee in the Civil maintenance Department of Town Administration, rajahra on 17-1-1979. Initially, by mistake, his date of birth was recorded as 26-3-1938. At the time

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