Judgment

Dr. AR. Lakshmanan, J.—Leave granted.

2. This appeal is directed against the final judgment and order dated 10.03.2003 passed by the Allahabad High Court, Lucknow Bench, Lucknow in Second Appeal No. 334 of 1999 whereby the High Court allowed the second appeal filed by the respondent-herein.

3. Respondent was working as S.D.I. in the Education Department. As per his service book, his date of birth was 30.07.1941. The Governor using the powers under conditional part of Article 309 of the Constitution of India framed the following Notification. The notification dated 28.05.1974 reads thus :-

“State of U.P.

Niyukti Vibhag Anubhag-4

Notification

28th May, 1974

No. 41/269 Niyukti-4 Governor using the powers under conditional part of Article 309 of the Constitution of India, frames following Niyamawali:-

1. Short title an commencement (1) This Niyamawali will be called date of birth determination Niyamawali, 1974 for the purpose of appointment in service in U.P.

2. It shall be enforced at once.

(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 equ