Heard counsel for the parties.

2. The learned Single Judge by the impugned judgment dated 25th November, 2008 passed in W.P.(S) No.712 of 2008 refused to quash the order of retirement bearing no.2341 dated 29th December, 2007 wherein the writ petitioner/appellant herein was declared to have retired from service w.e.f. 31st May, 1993 and payments made to the petitioner since 1st June, 1993 were ordered to be recovered from his retirement benefits.

3. The facts which are not in dispute between the parties are as under:-

Writ petitioner entered into service on 1st May, 1975 at Patratu Thermal Power Station (in short PTPS) on the post of Dish Washer. His service book was opened in the year 1991 where his date of birth was recorded as 3rd February, 1953. This apparently was on the basis of a certificate of fitness issued by the Medical Officer of the PTPS, who assessed the age of the petitioner as 35 years on his self declaration and by his appearance. The respondents allowed him to continue in service till March, 2007 when he was asked by the Joint Secretary, JSEB through memo no.521 dated 9th March, 2007 to explain as to why he be not ordered to be retired from service w.e.f. 31st