Ram Kewal vs Manager, Food Corporation of India and Others

Anjani Kumar, J.—Heard learned counsel for the parties.

By means of this petition, the petitioner sought a mandamus that his date of birth has wrongly been entered in service records, which may be corrected. He filed a representation, in this regard, before the employer, which has been rejected by the employer. According to the recorded date of birth in the service record, petitioner has already retired in the year 2000. Now this writ petition for a mandamus commanding the respondents to send the petitioner for medical examination and to assess his date of birth/age on the basis of the medical result cannot be granted as learned counsel for the petitioner has not been able to bring to the notice of the Court any provisions of law under which he can claim as of right such an examination or employer is under statutory obligation to send him for medical examination. In these circumstances, the mandamus prayed for by the petitioner cannot be granted. It is settled that on the verge of retirement, an application for the change of date of birth in the service record cannot be entertained. In this view of the matter, this writ petition being devoid of any merit is accordingly dismissed.