ORDER :

We have heard learned counsel for the parties.

2. Leave granted.

3. This appeal by special leave is directed against the judgment and order dated 29.11.2011 passed by the Division Bench of the High Court of Karnataka, Bangalore in W.A. No. 909 of 2006(S) whereby the Division Bench partly allowed the Writ Appeal of the respondent preferred against the judgment of the learned Single Judge in Writ Petition No. 8386 of 2003 dated 6.3.2006 dismissing the Writ Petition.

4. This is one of the exceptional case where the High Court, while ignoring all the principles of law laid down by this Court and many other High Courts with regard to the adjudication of dispute relating to date of birth of an employee, passed the impugned judgment.

5. From the facts it reveals that the respondent entered into the service of the appellant - Life Insurance Corporation of India (in short 'the Corporation') on 19th November, 1986. His date of birth was recorded in the service record as 3.2.1943 on the basis of the Secondary School Leaving Certificate (SSLC). After about ten years of his appointment, sometime in July, 1996, the respondent asked for change of date of birth by making it 16.2.1945. The said