- (1.) RAKESH Sharma, J. Heard learned Counsel for parties.
(2.) HERE is an interesting dispute regarding date of retirement of the petitioner. Admittedly, the petitioner had entered into services in the year 1965. He was not High School at the time of entry into service. His service-book was prepared and duly verified by the District Handicap and Social Welfare Officer, Lucknow in the year 1965. The thumb-impressions of the petitioner alongwith counter-signature of District Handicap and Social Welfare Officer Lucknow verifying his date of birth as 27-11-1944, are available on the firs page of the service-book. The petitioner, who is a blind person, had passed High School from the Board of Secondary Education, Allahabad in the year 1969. In the High School certificate, his date of birth has been recorded as 1-11-1943. The submission of the learned Counsel for the petitioner is that appeal applying Rule 2 of U. P. Recruitment of Service (Determination of Date of Birth) Rules, 1974, which is quoted below, the petitioner's date of birth should be taken as 27-11-1944 as recorded in his service-book and he could not have been retired on 30-11-2004 on the basis of the entry recorded in his High School Certificate: " (2) Exact date of birth or determination of age of a Government servant. The date of birth or determination of age of a Government servant which has been written in his High School Certificate or equivalent to in after passing the examination or where a Government servant has not passed any such examination, the date of birth or age which has been written in his service book at the time of entering in Government service, in regard to his services, for all the purposes whether entitled for promotions/supersession/pre-retirement or retirement or retiral benefits, the date of birth or age as mentioned therein. Any application form or application for correction in his date of birth or age will not be accepted in any manner having any circumstances at any cost. " The petitioner has relied upon a decision of Hon'ble Supreme Court of India as in U. P. Madhyamik Shiksha Parishad and Ors. v. Raj Kumar Agnihotri, 2005 (2) LBESR 602 (SC) : 2005 (105) FLR 969, in support of his submissions. In the light of the provisions of Rule 2 of U. P. Recruitment of Service (Determination of Date of Birth) Rules, 1974, this Court is of the view that the petitioner's date of birth as recorded in his service-book, which has been duly verified by the competent authority of the department, shall be taken as correct date of birth. The petitioner should have been retired on the basis of this entry i. e. entry recorded in his service-book in the year 1965 and not on the basis of the entry recorded in his High School Certificate which he obtained in the year 1969. The petitioner's case is squarely covered by the decision of the Apex Court in the case of Raj Kumar Agnihotri (supra ). Accordingly, the writ petition is allowed. The consequences shall follow. Petition allowed. .;