K.C. Agrawal, J. - (1.) The petitioner, Rashid Ahmad Khan, joined as Moharrir in Municipal Board, Shahjahanpur, in the year 1927. In the service book only the year of 1926 was written as the year of his birth and it does not disclose the date or month when the petitioner was born. The petitioner has, however, signed in the book.
(2.) After sometime a controversy arises about the date of birth of the petitioner. This was enquired into by the Executive Officer of the Municipal Board concerned and it was found that the date of birth of the petitioner should be 19-10-1927. The petitioner had filed a certificate of the Junior High School giving his date of birth as 19-10-1927 and this certificate was accepted by the Executive Officer.
(3.) Relying on the Government order No. 5344 - F/XL - A - 712 - 60, dated 25-3-1964, the counsel for the Municipal Board, Shahjahanpur urged that the date of birth of the petitioner shall be taken to be the last day of July, 1926 and as such, he would attend the age of superannuation on 30-6-1986. The Paragraph relied upon by the learned counsel for the Municipal Board is as under:- "Provided that if the age recorded in the service books of an employee recruited before the enforcement of these regulations on the basis of the information given by the employee of the time of recruitment indicates only year of birth, the date of birth shall be taken to be the last July of that year and in cases where the month.................. shall be deemed to be corrected date of birth.;