ORDER :

1. The petitioner herein calls in question legality, validity and correctness of the order dated 17.10.2011 (Annexure P1) by which the petitioner was sought to be retired w.e.f. 31.5.2012 attaining the age of superannuation.

2. Mr.C.J.K. Rao, learned counsel for the petitioner, would submit that the petitioner was regularized on 1.10.2008 and thereafter date of birth of the petitioner has taken as 7.5.1950 and he has been retired during the pendency of this writ petition on 31.5.2012 taking his date of birth as 7.5.1950, as such, the petitioner's date of birth be taken as 18.7.1959 as recorded in Annexure P4 and consequential benefits be provided to him.

3. On the other hand, Mr.Animesh Tiwari, learned Deputy Advocate General for the respondents/State, would submit that the when notice of retirement was served to the petitioner indicating that he will be retired from service w.e.f 31.5.2012 only thereafter this writ petition was filed on 16.2.2012 and he has also given undertaking affidavit before the authorities at the time of regularization on 1.7.2008 that his date of birth is 7.5.1950 and as such, at the fag end of service and in view of judgment of the Supreme Court in th