( 1 ). Delay condoned.

( 2 ). Special leave granted.

( 3 ) WE have heard the learned counsel for the parties. This appeal is directed against the judgment of the Jodhpur bench of the Rajasthan High court dated 22/5/1996 whereby the division bench of the High court has dismissed the special appeal filed by the appellant against the judgment of the learned Single Judge on the writ petition filed by him. The only questionwhich arises for consideration in the writ petition of the appellant was with regard to his date of birth. The case of the appellant was that his date of birth as recorded in the service record was 30/11/1932 but he was being retired a from the service on the basis that his date of birth was 1/7/1926. The learned single Judge by his order dated 8/9/1994 dismissed the writ petition on the view that even on the basis of 30/11/1932, the date of birth claimed by the appellant, he would have retired on 30/11/1990 and since that date has already passed the writ petition had been rendered infructuous. The said view of the learned Single Judge has been affirmed by the division bench in special appeal.

( 4 ) IN our opinion, the fact that during the pendency of the writ petitio