( 1 ) THE petitioner was appointed in service on 15. 1. 1960 when his date of birth was recorded in the service record as 5. 2. 1932. Sometimes in 1984, the petitioner alleged that he learnt that his date of birth was wrongly recorded in his service record. The District basic Shiksha Adhikari by his letter dated 4. 4. 1984 sent the concerned application of the petitioner to the Chief Medical Officer, hamirpur. The Chief Medical Officer, Hamirpur examined the petitioner on 30th August, 1984 and issued a certificate that the petitioner was found to be aged about 45 years on the date. The date of birth of the petitioner as recorded in service record was struck off at the time of audit. He also contends that pursuant to the order of the district Basic Education Officer relying upon the certificate of the chief Medical Officer, the date of birth was correctly recorded as on 30 the August, 1939 by some officer. In such circumstances the order dated 12th May, 1992 contained in Annexure-7 to the writ petition seeking to retire the petitioner on 29. 2. 1992 has since been challenged by the petition in this writ petition.

( 2 ) MR. R. K. Kakkar, learned counsel for the petitioner submits tha