Hon’ble Ran Vijai Singh, J.—Through this writ petition, the petitioner has prayed for issuing a writ of certiorari quashing the order dated 16.8.2007 passed by Executive Engineer, Construction Revision, Public Works Department, District Maharajganj (respondent No. 3) by which the petitioner’s application for correction of date of birth in the service book has been rejected on the ground that the date of birth recorded in the service book at the time of entry in the service shall be deemed to be correct. This was done on the basis of legal advice taking note of the provisions contained in (U.P. Recruitment of Services Determination of Date of Birth Rules) 1974 (herein after referred to as Rules 1974).

2. The facts giving rise to this case are that the petitioner was appointed as a roller driver on 1.3.1980 and was confirmed on the said post on 30.8.1982. While entering into the service his date of birth in the service book was recorded as 20.8.1947. Taking note of that the petitioner was served with the notice of retirement dated 20.3.2007 treating the petitioner’s date of birth as 20.8.1947. After coming to know about the notice dated 20.3.2007 issued by Executive Engineer C