Aloke Chakrabarti, J. - (1.) This writ petition was filed contending that petitioner's date of birth was 3,1,1938 and the same was duly also incorporated in the High School Certificate, but by wrong recording in service records his date of birth 30.1.1993 petitioner has been made to retire with effect from 30.11.1991 by the impugned order dated 27.11.1991 at Annexure 4 to the writ petition. Petitioner contended that under Rule 2 of the U.P Recruitment to Services (Determination of Date of Birth) Rules, 1974 a Government servant who passed High School Examination at the time of his entry into the Government service, his date of birth recorded in the certificate of his having passed the High School Examination, shall be deemed to be the correct date of birth and for all purposes in relation to his service including eligibility for promotion, superannuation, premature retirement or retirement benefits.
(2.) In the present case the petitioner has obtained the certificate issued to the petitioner on his passing the High School Examination in 1954 and the copy thereof has been annexed at Annexure 2 to the writ petition. The petitioner had filed an application for amendment of the writ petition which was allowed by the order dated 6.12.1996. By such an amendment documents have been incorporated and facts have been stated showing that the respondents also verified the High School Certificate and the same has been found to be correct copy of such certificate.
(3.) The respondents were granted repeated opportunities to file counter affidavit to the said writ petition and by order dated 24.9.1996 such opportunity was granted for the last time. Still then, no counter-affidavit has been filed. In the circumstances, facts stated in the writ petition as amended are found to have been not disputed.;