Hon’ble V.K. Shukla, J.—Shiv Charan, Petitioner has approached this Court questioning the validity of the action taken by the Executive Officer, Nagar Palika Parishad Lalitpur dated 13.10.2005 by means of which directives have been issued for superannuating the petitioner by treating his correct date of birth as 20.10.1944 and completing age of 60 years on the said date.

2. Brief background of the case as mentioned in the instant writ petition is that petitioner has been appointed on class IV post as Sweeper at Nagar Palika Parishad, Lalitpur on ad hoc basis and subsequently his service were confirmed against the substantive vacancy. In the service book of the petitioner at the time of entry, date of birth of the petitioner was recorded as 2.8.1948 and in terms of the provision as contained under Retention and Retirement of Servants of Muncipal Board Regulation 1965 the age of superannuation of petitioner as per 60 years would be 2.8.2008. Petitioner received show cause notice on 27.9.2005 asking the petitioner to show cause as to why his services may not be terminated on the ground of attaining 60 years of age on the basis of date of birth as 20.10.1944. As per show cause