JUDGMENT

G. S. Singhvi, J.

1. The question which arises for consideration in these appeals filed against judgment and order dated 6.7.2011 passed by the Division Bench of the Madhya Pradesh High Court in Writ Appeal Nos. 194 and 195 of 2009 is whether the respondent, who got his date of birth recorded in the service book on the basis of the judgment and decree dated 13.10.1976 passed by IIIrd Additional Civil Judge, Class II, Gwalior (for short, ‘the trial

Court’) by suppressing the fact that the same had been reversed by Additional District Judge, Gwalior (lower appellate Court), can rely upon the said date of birth for the purpose of continuing in service beyond the age of superannuation.

2. The respondent passed Higher Secondary School Certificate Examination conducted by the Board of Secondary Education, Madhya Pradesh (for short, ‘the Board’). In the certificate issued by the Board on 17.6.1963, the respondent’s date of birth was recorded as 20.2.1942.

3. The respondent was appointed as Lower Division Clerk in the office of Commissioner, Settlement and Director of Land Records, Madhya Pradesh on 27.5.1965. He worked in that office till 3.8.1966. After about five years, he made an a