JUDGMENT

B.N.KIRPAL, J.

(1) SPECIAL leave granted.

(2) IN the instant case, the respondent was employed as a class-IV employee by the collector, Uttar Kashi in the year 1964. In the service book which was prepared, the date of birth recorded was 10/04/1936.

(3) ON 30/01/1996, notice was given to him to the effect that he will complete 60 years of age on 30/04/1996 and he would superannuate on that date. It is only thereafter that a representation was made by the respondent to the effect that his date of birth had been wrongly mentioned in the service book and as per the certificate issued by the school, his date of birth was 6/07/1942.

(4) HAVING been unsuccessful before the collector, the respondent filed a writ petition which was dismissed. Later, an appeal filed against the said decision was allowed. Hence, this appeal.

(5) RULE 2 of the U.P. Recruitment Service (Determination of the Date of Birth) Rules, 1974 reads as follows:

"2. Determination of correct date of birth or age: The date of birth of a govt. servant as recorded in the certificate of his having passed high school or equivalent examination at the time of his entry