ANIL KUMAR, J.

1. These writ petitions are against the orders dated 4th August, 2009 passed by the Principal Bench, Central Administrative Tribunal in O.A No.1267/2008 titled „D.R. Dhingra v. Union of India and Anr? holding that the date of birth of Sh.D.R.Dhingra (hereinafter referred to as applicant) is 6th May, 1952 and not 6th May, 1948. The Tribunal has held that though there is no bonafide clerical mistake as contemplated under Rule 16A of the All India Services (Death-cum-Retirement Benefits) Rules, 1958, however, the tribunal deemed the case of the applicant as a rarest of rare case, and thus directed the Central Government to consider the applicability of Rule 3 of the All India Services (Conditions of Service-Residuary Matters) Rules, 1960 and to take a decision whether or not, the applicant is entitled for dispensation or relaxation of the requirement of rules or regulations on account of undue hardship to him. The Tribunal, however, left it to the discretion of the Union of India to continue or not to continue the applicant in service and during the three weeks granted by it directed the Government to decide the applicability of Rule 3 and if the Government is