[Per: Hon'ble Chandra Dhari Singh, J.]

1. The Present special appeal arises out of a judgment/order dated 29.03.2018 of learned single Judge, whereby the learned single Judge has allowed the Writ-A No. 40927 of 2004 by holding that petitioner respondent is treated to be in continuous service and entitled for entire arrears including the retiral benefits treating his date of birth as 25.02.1958.

2. The respondent, a conductor in U.P. State Road Transport Corporation, has filed the writ petition no. 40927 of 2004 under Article 226 of the Constitution of India, challenging therein order dated 29.10.2002, passed by the Assistant Regional Manager, U.P. State Road Transport Corporation, Auraiya. By which, it was recorded that respondent's date of birth, in the service record, was wrongly mentioned as 25.02.1958 instead of 25.02.1952.

3. Brief facts giving rise to the instant appeal are that the respondent was initially appointed as Labourer in U.P. Government Roadways in the year 1974 and, thereafter, he was promoted as a Conductor in the department in question on 29.7.1983. Petitioner respondent had passed Junior High School examination from U.P. Board in the year 1971 from Abhaideopur School. The said examination of junior high school was conducted by District Inspector of Schools, Jalaun. The respondent had also passed high school and intermediate examination in the year 1980 and 1982 respectively from the Intermediate Education Board. The date of birth of the respondent was mentioned in junior high school and high school certificates as 25.2.1958. At the time of initial appointment of respondent, he had submitted his certificate of junior high school before the appointing authority, in which the date of birth of respondent was mentioned as 25.2.1958. After appointment of respondent, the appointing authority took a medical certificate from the doctor for approving the date of birth of the respondent. The respondent was not at all aware about the said report of doctor as sought by the department regarding his date of birth. A seniority list was published on 02.02.2002, by the Regional Manager, Etawah Region, Etawah and therein also date of birth of respondent was clearly mentioned as 25.02.1958.

4. The Assistant Regional Manager, U.P.S.R.T.C., Auriya vide 29.10.2002, however, directed that the date of birth of the respondent will be treated as 25.2.1952 instead of 25.2.1958, on the basis of medical certificate said to have been submitted by the respondent to the department concerned, at the time of his initial appointment. Aggrieved from the order dated 29.10.2002, the respondent has moved a representation before the authority concerned stating therein entire facts of the case and, thereafter, he approached several times to the authority concerned about the disposal of his representation but nothing has been done, then he filed writ petition bearing number 40927 of 2004 before this Court and same was dismissed by the learned single Judge vide judgment/order dated 23.7.2014. The judgment/order dated 23.7.2014 passed in Writ-A No. 40927 of 2004 is reads as follows;

"The petitioner virtually seeks rectification of his date of birth at the fag end of his career. It is settled law that it cannot be done at that later stage. Firstly the record of the case has been summoned and after due verification it has been found that the date of birth recorded by the petitioner in his service book was the year 1952 and interpolation had been made in the record by writing 58. This finding has been recorded by the Court in its order sheet dated 10.04.2012 but no amendment has been sought even otherwise the reason stated above the prayer sought by the petitioner cannot be granted.

The writ petition is accordingly dismissed"

5. In the aforesaid judgment/order a reference has been made to the order dated 10.04.2012. The said order pertains to production of original record before the