By the Court.—Heard learned Standing Counsel for the respondents-appellants and Sri Ram Mohan, learned Counsel for the respondent.

2. With the consent of the parties, this special appeal is being disposed of at this stage without calling for any counter affidavit specifically in view of the order proposed to be passed today.

3. This is an intra Court appeal against the judgment and order passed by the learned Single Judge dated 20th December, 2007, whereby the writ petition filed by the respondent has been allowed and the impugned notice dated 17th April, 2003 has been quashed holding that the petitioner is entitled to continue in service and to receive salary treating his date of birth as 31st May, 1995, it has also been provided that he would be entitled to his retiral benefits on that basis. State of U.P., not being satisfied by the direction so issued, has filed this appeal.

4. The brief facts necessary for deciding the special appeal are that the writ petitioner was initially appointed as a Tabulator on 7th February, 1967 in the Consolidation Department and subsequently he was granted promotions on next higher posts. While working as Lekhpal, he was retired treating his d