JUDGMENT :

1. Heard Sri Shailendra, learned Senior Advocate assisted by Sri Abhiuday Mehrotra, learned counsel for the petitioner and Sri Mani Shanker Mishra, Advocate holding brief of Sri Ved Byas Mishra, learned counsel for the respondents.

2. The petitioner has challenged the notice of retirement dated 28.05.2021 communicating to him the date of his retirement as 30.09.2021, treating his date of birth as 04.09.1961.

3. It is the case of the petitioner that he was initially engaged as a daily wage employee/Peon at the Ghaziabad Office of U.P Scheduled Caste Finance and Development Corporation Limited. Later on, his appointment was made regular as per the Class-IV Employees Service Rules, 1975. At the time of his entry into service his date of birth was recorded as 04.09.1961. However, the petitioner had passed his High School in the year 1980 and when he was appointed in the year 1982, he did not posses the pass certificate, he only possessed the mark sheet of having passed High School. He received his High School pass certificate on 21.03.1991 which showed his date of birth as 06.11.1964. The petitioner was subsequently promoted as a Class-III employee on 30.08.1997 and at the time of his promotion he submitted a copy of his High School Certificate which he had received from the U.P. High School and Intermediate Education Board in the year 1991.

4. There being an apparent discrepancy in the date of birth mentioned in his Original Service Book and in his High School passed certificate. A letter was issued on 15.10.2020 from the Head Office at Lucknow to the District Unit, Ghaziabad regarding verification of age and correct date of birth of the petitioner to which the District Unit replied on 06.11.2010. Subsequently, the Service Book of the petitioner was also sent by the District Unit of the Corporation to the Head Office on 07.01.2021. The Head Office at Lucknow issued a letter to the U.P. Board of High School and Intermediate Education to verify the High School pass certificate of the petitioner and the date of birth mentioned therein through a letter dated 01.03.2021. The Intermediate Education Board sent a copy of the report of the Principal of the Institution where the petitioner had studied and also a copy of their own records on 29.06.2021 saying that as per their records, the petitioner's date of birth is mentioned as 06.11.1964. A copy of the letter sent by the Secretary of Madhyamik Shiksha Parishad U. P., Allahabad has been filed as Annexure-10 to the petition. The report submitted by the Chitrakoot Inter College, Moradabad dated 25.05.2021 has also been annexed as Annexure-09 to the petition.

5. After verification of date of birth from the Board as well as the from the institution in which the petitioner had studied, all of sudden a notice has been issued to the petitioner on 28.05.2021 communicating date of retirement of the petitioner as 30.09.2021. Subsequently, the petitioner received a notice/letter dated 14.07.2021 from the Head Office at Lucknow asking for original High School and Intermediate Certificate, Addhar Card, PAN Card which were sent by the District Office to the Managing Director. The petitioner also represented the matter before the Managing Director at the Head Office at Lucknow through proper channel i.e. through the District Manager wherein he submitted that he had passed his High School before his appointment in the year 1980 i.e. much before his appointment in 1982 and his date of birth was mentioned as 06.11.1964. The date of birth mentioned in his service record was incorrect and he should be allowed to work till 30.11.2024. However, nothing was done in the matter.

6. It has been argued by the learned counsel appearing for the petitioner that there are two Government Orders dated 23.08.1965 and 19.01.1976 with regard to the date of superannuation of the employees, and it has been clearly mentioned therein that the same can only be decided on the basis of High School Certificate. Copies of the