Judgment

Arijit Pasayat, J.—State of Uttar Pradesh and Executive Engineer, Sharda Sahayak Khand-36, Jaunpur, U.P. calls in question legality of the judgment rendered by a Division Bench of the Allahabad High Court holding that the respondent’s date of birth was 1.9.1939 and not 1.9.1930 as claimed by the appellant-State.

2. Factual background in a nutshell is as follows:

The respondent-employee was engaged as Class IV employee on 2.1.1972. In the service records the date of birth was indicated to be 1.9.1930. By order dated 31.1.1991 the Executive Engineer-appellant No. 2 inti­mated the respondent-employee that he had superannuated on 30.9.1990 having completed 60 years of age. It was indicated that by mistake he was allowed to work for three months more and paid, and, therefore, direction was given to refund the amount. The said order dated 31.1.1991 was challenged by the respondent in a writ petition. His stand was that according to the school records his date of birth was 1.9.1939 and without any opportunity he had been pre-maturely retired nine years earlier. It appears that the High Court directed production of the service records. By the impugned order dated 11.10.2002 the High