R.A. Sharma, J. - (1.) Petitioner who is a Member of Civil Police and is posted as Circle Officer, G.R.P. at Kasganj district Etah, has filed this writ petition challenging the order dated 29-9-1992 of his retirement w.e.f. 1-11-1992 treating 31-10-1934 as his date of Birth. At the time when the writ petition was filed this Court passed the following order:- "List this petition peremptorily on 28-10-1992. Learned Standing Counsel undertakes to file a counter-affidavit within that period. However, it is made clear that no further adjournment will be granted to the Learned Standing Counsel."
(2.) No counter-affidavit has been filed by the Learned Standing Counsel so far. We, therefore, decide this writ petition in the absence of any counter-affidavit, and the averments made in the writ petition are liable to be taken as correct. We have heard learned counsel for the petitioner and the learned Standing Counsel.
(3.) Petitioner has stated in the writ petition that his Date of Birth is 31-12-1934 and not 31-10-1934 as mentioned in Service Report and in support thereof he has filed photostat copies of the duplicate High School Certificate issued by Board of High School and Intermediate Education, U.P., Allahabad and Gazette dated 14-7-1951 in which the High School result of the year 1951, in which year petitioner appeared, was published. Both in High School Certificate and the Gazette the Date of Birth of the petitioner has been entered as 31-12-1934. Petitioner also filed a representation for correction of the Date of Birth in the Service record which has been rejected on the ground that he has not filed the original High School Certificate.;