JUDGMENT :

Gurpal Singh Ahluwalia, J.

1. This petition under Article 226 of the Constitution of India has been filed against the order dated 16.12.2020 passed by Executive Engineer, Harsi Water Resources Division, District Gwalior by which the petitioner has been superannuated after attaining the age of 62 years.

2. It is submitted by the counsel for the petitioner that his correct date of birth is 5.5.1964 but in the service book, his date of birth was wrongly mentioned as 28.12.1978. The petitioner was appointed by order dated 28.12.1958. At the relevant time, his date of birth was mentioned in the service book as 28.12.1958 on the basis of horoscope. It is submitted by the counsel for the petitioner that the petitioner is Muslim by caste and the horoscope are never prepared in the Muslim caste, therefore, the date of birth recorded in his service book was false. It is further submitted by the counsel for the petitioner that the petitioner is an illiterate person and has not prosecuted his studies. It is further submitted that in the Aadhar Card, the date of birth of the petitioner is mentioned as 7.8.1964. The petitioner got married on 2.7.1985 and in the Nikahnama his age was ment