I.S. Mathur, J. - (1.) This petition is directed against the order dated 3-10-1991 informing the petitioner that he will retire on 30-6-1992 on attaining the age of superannuation. This order has been passed on the basis of the date of birth (2-6-1934; as recorded in the service book of the petitioner.
(2.) The petitioner has challenged this order on the ground that he had passed the High School Examination before entering into service on 7-9-1954 and, therefore, his date of birth recorded in the High School Certificate has to be held to be the date for the purposes of superannuation. It is alleged that according to Uttar Pradesh Recruitment to Service (Determination of Date of Birth) Rules. 1974, as amended in 1980, if the employee has passed High School Examination at the time of entering into Government service, the date of birth recorded in the High School Certificate shall be deemed to be his correct date of birth or age. It is stated that the date of birth recorded in the High School Certificate is 1-7-1937 and, as such, the petitioner was entitled to continue till 1-7-1995.
(3.) A counter-affidavit has been filed on behalf of the State Government. It has not been disputed therein that the petitioner has passed High School Examination or that the date of birth recorded in that certificate is as claimed by the petitioner. The claim of the petitioner is sought to be contested on the ground that the petitioner's date of birth was recorded in the service book from the very beginning and this has been in the knowledge of the petitioner. Therefore, he cannot now claim any other date to be his date of birth.;