C.K.Prasad, A.P.Sahi, J. - (1.) RESPONDENT -appellant, aggrieved by order dated 9.11.1998, passed by a learned single Judge in Civil Misc. Writ Petition No. 26830 of 1997, has preferred this special appeal under Rule 5, Chapter VIII of the Allahabad High Court Rules.
(2.) MR . M.S. Pipersenia, learned standing counsel, appears on behalf of the appellant. It is not in dispute that the date of birth of the writ petitioner -respondent was recorded as 1st October, 1939 in his service book and on that basis, he attained the age of superannuation on 30.9.1997. However, after his retirement, a complaint was made that in fact, his date of birth is 1.10.1936 and, therefore, he shall not be entitled for the remuneration as also the three years' period that he had served after attaining the age of superannuation taking his date of birth to be 1st October, 1939. The learned single Judge taking into account the fact that the writ petitioner -respondent served till 30.9.1997 on the basis of his date of birth entered in his service book, directed that he shall not be asked to refund the amount of salary paid to him upto 30.9.1997, and period of service till the said date will be counted for pensionary benefits.
(3.) MR . M.S. Pipersenia, learned standing counsel, appearing on behalf of the appellant, submits that the entry made in the High School Certificate is decisive and, if that is taken into consideration, the writ petitioner -respondent ought to have been superannuated on 30.9.1994 and, therefore, direction of the learned single Judge, not to seek refund of the amount and treat the three years' period for the pensionary benefits, is illegal.;