JUDGMENT :

Suneet Kumar, J.

1. Heard and perused the record.

2. The instant writ petition is directed against the notice dated 2 June 2007 requiring the petitioner to retire from service treating his date of birth as 13 November 1947, and the order dated 3 September 2007 passed by the third respondent-Nagar Swasthya Adhikari, Nagar Nigam, Agra, rejecting the representation of the petitioner seeking correction his date of birth as 26 May 1953.

3. The petitioner was appointed Beldar/Sweeper on 1 June 1972. As per the case setup by the petitioner, the date of birth recorded in the service book, at the time of appointment was 26 May 1953. It is not in dispute that the petitioner at the time of appointment/joining was not High School. It appears that the service book of the petitioner came to be lost, thereafter, a new service book came to be reconstituted, but while doing so, it is alleged that the date of birth was entered as 13 November 1947 in the service book. A certificate issued by the Chief Medical-Officer dated 13 November 2001 was the basis for altering the date of birth of the petitioner. Consequently, petitioner came to be retired on 30 November 2007 instead of May, 2013.

4. The