RAKESH TIWARI, J.

Heard counsel for the parties and perused the record.

2. The petitioner entered into service of erstwhile U.P. Electrcity Board in the year 1969(now U.P. Power Corporation limited). At the time of appointment the service book of the petitioner was prepared in which the date of birth of the petitioner was recorded as 4.1.1947. Accordingly he was given notice dated 18.3.2004 that he would retire on 31.1.2006 on the basis of date of birth as recorded in the aforesaid service book which has been signed by the petitioner on the first page.

3. The petitioner has challenged the notice dated 18.3.2004 on the ground that his date of birth has wrongly been recorded in the service book and that his correct date of birth has been mentioned as 4.1.1948 in the High School Certificate, hence he may be retired on attaining the age of superannuation i.e. on 31.1.2006.

4. The counsel for the petitioner has relie upon Uttar Pradesh Recruitment to Services (Determination of Date of Birth) Rules, 1974 as adopted for application in U.P.S.E.B. Vide B.O. No. 2611-G.M:/SEB-II.I-28 GM/75 dated June 20, 1975. These Rules have been framed in exercise of the powers under the proviso to