Navin Sinha and Dinesh Kr.Singh JJ.

1. Heard learned counsel for the appellant and learned counsel for the State.

2. The original petitioner Kali Choudhary was deceased on 16.4.2002 during the pendency of the appeal and was substituted by his son Akhileshwar Choudhary.

3. The controversy concerns the date of birth of Shri Kali Choudhary who was appointed on 1.8.1969 as a helper originally in the Tenughat River Valley Project. He claims to have discovered an error in his date of birth recorded in the service book when the gradation list of Class-4 post in the Madhubani Collectorate at Bisfi, where he was then posted, was published on 13.9.1979 showing his date of birth as 1.8.1943. His contention was that his correct date of birth is 15.7.1951 according to the School Leaving Certificate dated 17.2.1962, and his date of superannuation in accordance with the same was 31.7.2009. Relying upon a Transfer Certificate No. 41 dated 2.1.1958 by the Headmaster, Basic School, Lakhanpur the respondents fixed his date of birth as 1.8.1943. Consequently, he was made to superannuate on 31.7.1991 giving rise to the writ application.

4. The impugned judgment noticed that the counter affidav