JUDGMENT R.A. Sharma, J. - Petitioner who is a Member of Civil Police and is posted as Circle Officer, G.R.P. at Kasganj district Etah, has filed this writ petition challenging the order dated 29-9-1992 of his retirement w.e.f. 1-11-1992 treating 31-10-1934 as his date of Birth. At the time when the writ petition was filed this Court passed the following order : - "List this petition peremptorily on 28-10-1992. Learned Standing Counsel undertakes to file a counter-affidavit within that period. However, it is made clear that no further adjournment will be granted to the Learned Standing Counsel." 2. No counter-affidavit has been filed by the Learned Standing Counsel so far. We, therefore, decide this writ petition in the absence of any counter-affidavit, and the averments made in the writ petition are liable to be taken as correct. We have heard learned counsel for the petitioner and the learned Standing Counsel. 3. Petitioner has stated in the writ petition that his Date of Birth is 31-12-1934 and not 31-10-1934 as mentioned in Service Report and in support thereof he has filed photostat copies of the duplicate High School Certificate issued by Board of High School and Intermediate Education, U.P., Allahabad and Gazette dated 14-7-1951 in which the High School result of the year 1951, in which year petitioner appeared, was published. Both in High School Certificate and the Gazette the Date of Birth of the petitioner has been entered as 31-12-1934. Petitioner also filed a representation for correction of the Date of Birth in the Service record which has been rejected on the ground that he has not filed the original High School Certificate. 4. It appears that the petitioner has filed the original High School Certificate before the departmental Authorities. The original High School Certificate has been lost by the departmental Authorities as is clear from the letter of Dy. Inspector-General of Police, a copy of which has been filed as Annexure-"5-A" to the writ petition. The petitioner has filed before the respondents duplicate High School Certificate which he obtained from the Board of High School and Intermediate Education U.P., Allahabad alongwith a copy of the Gezette of 1951 in which the result of the High School Examination of 1951 in which he appeared was published. In both the certificates and the Gazette Date of birth of the petitioner is 31-12-1934. In both the certificates and the Gazette Date of birth of the petitioner is 31-12-1934. There was no justification for the respondents to reject the above two documents. As the departmental Authorities have themselves lost the original High School Certificate, it was impossible for the petitioner to produce it before them. 5. In this connection it may be stated that Government of U.P. has framed Rules known as U.P. Recruitment Services (Determination of Date of Birth) Rules, 1974, according to which the Date of Birth of a Government servant as recorded in the High School Certificate shall be deemed to be his correct Date of Birth for all purposes in relation to his service including superannuation and retirement. The Date of Birth as recorded in the High School Certificate being 31-12-1934, the petitioner cannot be retired till 31-12-1992. 6. For the reasons given above this writ petition is allowed with costs. The impugned order retiring the petitioner from service is quashed. The petitioner is entitled to continue in the service upto 31-12-1992 and will be entitled to all benefits including the salary for the period upto 31-12-1992. 7. Let a certified copy of this order be given to the learned counsel for the parties on payment of usual charges within 24 hours.