JUDGMENT : N. Prusty, J. - The Petitioner, who was earlier working as Additional Director of Agriculture (Extension) under opposite party No. 1 and retired from service with effect from 31.05.2003 (A.N.) vide office order dated 31.05.2003 (Annexure-9), had filed the Original Application No. 741 of 2003 before the Orissa Administrative Tribunal, Bhubaneswar, challenging the said order of retirement. Learned Tribunal dismissed the Original Application vide order dated 02.07.2004 with the observation that there is No. merit in the case and the O.A. cannot be entertained. The present writ petition has been filed by the applicant in the O.A. challenging the said judgment-dated 02.07.2004 passed by the Orissa Administrative Tribunal in O.A. No. 741 of 2003. 2. The case of the Petitioner, in short is that the Petitioner was first appointed in State Government service vide order dated 24.06.1966 as Agricultural Overseer and joined in the Office of the Block Development Officer, Bhanjanagar on 05.07.1996. His service book was opened on 21. 09.1966. In the service book, his date of birth was recorded as 21.10.1945. Even though his date of birth as recorded in his Service Book was 21.10.1945, the Office Order dated 31.05.2003 (Annexure-9) was passed by the order of the State Government to retire him from Government service with immediate effect, i.e. on 31.05.2003 (A.N.), on the allegation that he has over stayed in service as per the date of birth recorded in his High School Certificate issued by the Board of Secondary Education, Orissa, Cuttack as 21.04.1943, ignoring the date of birth as recorded in his service book. Hence the Petitioner approached Orissa Administrative Tribunal, for redressal of his grievances, challenging the order of such retirement. 3. Mr. Panda, learned Counsel for the Petitioner submitted that the office order dated 31.05.2003 retiring the Petitioner from government service prematurely with effect from that date, basing on the date of birth recorded in the matriculation certificate, is completely illegal and unjust. In view of the settled principle of law, the Petitioner ought to have retired from Government service on 31.10.2003 on the basis of his date of birth as recorded in his service book, since the date of birth once recorded in the service book can never be changed/altered under the provisions of the rules and executive instructions in force. In view of the settled principle of law, the Petitioner ought to have retired from Government service on 31.10.2003 on the basis of his date of birth as recorded in his service book, since the date of birth once recorded in the service book can never be changed/altered under the provisions of the rules and executive instructions in force. As because the date of birth of the Petitioner recorded in his High School certificate as 21.04.1943 was not correct, the Petitioner while entering into/joining the Government service, submitted an affidavit duly sworn by his father to the effect that the date of birth of the Petitioner is 21.10.1945 as per his Horoscope, before the Block Development Officer, Bhanjanagar and accordingly on the basis of such affidavit, his date of birth had been recorded in the service book as 21.10.1945, which is his actual date of birth. The father of the Petitioner had also applied to the Board of Secondary Education, Orissa for correction of the date of birth of the applicant/ Petitioner as 21.10.1945. Neither the investigation report with regard to the date of birth of the Petitioner as 21.04.1943 was supplied to him, nor he was given an opportunity to file his show cause to justify his claim that his date of birth is 21.10.1945 and as such the order of his retirement from Government service prematurely with effect from 31.05.2003 basing on the date of birth recorded In the matriculation certificate, is completely unjust and illegal. Hence both the orders, i.e. order dated 31.05.2003 (Annexure-9) as well the order of the Tribunal dated 02.07.2004 passed in O.A. No. 741 of 2003 are completely unjust and illegal and hence are liable to be quashed. 4. Mr. Panda, learned Counsel further submitted that the opposite party No. 1. issued a notice dated 06.05.2003 (Annexure-7) calling upon the Petitioner to file his show cause in writing by 23.05.2003 as to why he shall not be retired from Government service on superannuation with immediate effect since his date of birth recorded in his matriculation certificate is 21.04.1943. The Petitioner was also asked to attend a personal hearing on 26.05.2003 at 11.30 A.M. in the chamber of the Commissioner cum-Secretary to the Government of Orissa, Agriculture Department to adduce evidence, if any, in support of his actual date of birth. The Petitioner was also asked to attend a personal hearing on 26.05.2003 at 11.30 A.M. in the chamber of the Commissioner cum-Secretary to the Government of Orissa, Agriculture Department to adduce evidence, if any, in support of his actual date of birth. Pursuant to the above notice, the Petitioner filed his reply dated 23.05.2003 (Annexure-8) seeking further one month's time to submit his final written explanation to the show cause notice and in that view of the matter, the Petitioner did not think it proper to appear before the opposite party No. 1 on the date fixed i.e. on 26.05.2003 for personal hearing and filing of the documents in support of his actual date of birth. As such the order dated 31.05.2003 (Annexure-9) and the order of the Tribunal dated 02.07.2004 passed in O.A. No. 741 of 2003 are not sustainable in the eye of law and hence are liable to be set aside. 5. Learned Additional Government Advocate, on the other hand, submitted that the Petitioner entered into Government service on 05.07.1966 as Agriculture Overseer. He got promotion from time to time during his service career. While the Petitioner was continuing as Additional Director, Agriculture and was about to retire a few months after, it was brought to the notice of the Government by the General Administration (Vigilance) Department that his actual date of birth as recorded in his matriculation certificate IS 21.04.1943, but his date of birth has been manipulated and has been wrongly recorded in the service book as 21.10.1945. As per the date of birth recorded in the High School Certificate and School Leaving Certificate of the Petitioner, which is 21.04.1943, the Petitioner ought to have retired from Government service on 31.04.2001 on attaining 58 years of age. But he has overstayed in service by manipulating the date of birth and thereby gained pecuniary benefits of more than Rs. 2.5 lakhs causing loss to the Government. The General Administration (Vigilance) Department along with their report furnished a copy of the letter of the Deputy Secretary (Certificate), Board of Secondary Education, Orissa, Cuttack mentioning the date of birth as 21.04.1943 and the name of his School as Gopabandhu High School, Begunia, from where the Petitioner had passed the H.S.C. examination. 2.5 lakhs causing loss to the Government. The General Administration (Vigilance) Department along with their report furnished a copy of the letter of the Deputy Secretary (Certificate), Board of Secondary Education, Orissa, Cuttack mentioning the date of birth as 21.04.1943 and the name of his School as Gopabandhu High School, Begunia, from where the Petitioner had passed the H.S.C. examination. The General Administration (Vigilance) Department also furnished a copy of the letter of the Headmaster, Gopabandhu High School, Begunia mentioning the date of birth of the Petitioner as 21.04.1943 and his date of admission in Class-VIII as 02.07.1956. On the basis of the aforesaid report, a show cause notice dated 06.05.2003 (Annexure-7) was issued to the Petitioner to submit his show cause reply in writing by 23.05.2003, as to why he shall not retire from Government service with immediate effect, as his date of birth as per High School Certificate is 21. 04.1943. He was also intimated through the said show cause notice dated 06.05.2003 to attend a personal hearing on 26.05.2003 at 11.30 A.M. in the Office of the Commissioner-cum-Secretary, Agriculture Department to adduce evidence, if any, in support of his actual date of birth. As stated above, in response to the above said show cause notice, the Petitioner submitted his reply dated 23.05.2003, which was received on 24.05.2003. In the said show cause reply he had mentioned that an affidavit was sworn by his father, late Bhagaban Panda during 1960 indicating his date of birth as 21.10.1945, on the basis of his Horoscope, wherein his date of birth was mentioned as 21.10.1945. Except the above said statements, the Petitioner did not submit any other documentary evidence in support of his date of birth. He did not appear before the opposite party No. 1 on 26.05.2003 at 11.30 A.M. in his Chamber as intimated vide notice-dated 06.05.2003 (Annexure-7) and as such did not avail the opportunity of personal hearing. The Petitioner had also not taken any step for rectification/ correction of his date of birth in the High School Certificate as well as in the School Register. The Petitioner had also not taken any step for rectification/ correction of his date of birth in the High School Certificate as well as in the School Register. It has not been reflected in the first page of the Original Service Book that the date of birth of the Petitioner has been recorded as 21.10.1945 on the basis of the affidavit and not on the basis of his Matriculation Certificate nor any documentary evidence from the Board of Secondary Education, Orissa, Cuttack was also submitted/ available in the service book with regard to the rectification/correction of his date of birth as 21.10.1945 in place of 1.04.1943 as recorded in the Matriculation Certificate. Since the Petitioner did not choose to appear for personal hearing, the Commissioner-cum -Secretary, Agriculture Department before passing the final order to alter the date of birth of the Petitioner from 21.10.1945 as recorded in the service book to 21.04.1943 as recorded in his School Leaving Certificate as well as in the Matriculation Certificate, sought for the orders of the State Government as required under Rule 65 of the Orissa General Financial Rules, 1959 (Volume-I, Section-IV-Date of Birth) (Annexure-l0) and also obtained such order of approval in this regard, i.e. to alter the date of birth of the Petitioner, on 31.05.2003 and also for initiation of a disciplinary proceeding against the Petitioner for committing serious irregularities. After obtaining the Government Order as above, the Commissioner-Cum-Secretary, Agriculture Department issued Office Order dated 31.05.2003 (Annexure-9), basing on such Government Order and also initiated a Disciplinary Proceeding against the Petitioner under (Classification, Control and Appeal) Rules, 1962 vide Memorandum dated 31.05.2003 (Annexure-12). 6. It is further submitted by the learned Additiona Rule 15 of the Orissa Civil Services Government Advocate that due procedure has been followed by the opposite party for altering the date of birth of the Petitioner from 21.10.1945 to 21.04.1943, basing on the School Leaving Certificate and High School Certificate of the Petitioner, wherein his date of birth has been recorded as 21.04.1943, as per Rule 65 of the Orissa General Financial Rules, 1959. The Petitioner cannot take any resort to any other documents such as Horoscope, affidavit etc for the purpose of determination of his date of birth as 21.10.1945 when the documents such as School Leaving Certificate and High School Certificate are available. The Petitioner cannot take any resort to any other documents such as Horoscope, affidavit etc for the purpose of determination of his date of birth as 21.10.1945 when the documents such as School Leaving Certificate and High School Certificate are available. So far as the date of birth is concerned, the date of birth recorded in the School Admission Register, School Leaving Certificate as well as the High School Certificate are conclusive and final for all practical purpose, unless it is corrected by the same Certificate Issuing Authority, i.e. Board of Secondary Educational Orissa following due/required procedure for the purpose and as such No. illegality or irregularity has been committed by the opposite party in retiring the Petitioner from the Government service with effect from 31.05.2003 (Annexure-9) and in initiating a Disciplinary Proceeding against him (Annexure-12). 7. Considering the submissions made by learned Counsel for both the parties and after going through the contents of the writ petition as well as pleadings of the respective parties, as it appears it is an admitted fact that as per the School Records/ School Leaving Certificate and Matriculation Certificate, the date of birth of the Petitioner is 21.04.1943 and some how or other his date of birth had been recorded in the Service Book as 21.10.1945 as per the information furnished by the Petitioner, which may be on the basis of a so-called affidavit sworn by his father and/or his Horoscope. The Petitioner has also not taken any effective steps for correction of his date of birth in his School Record/ School Leaving Certificate and more particularly in the High School Certificate, wherein his date of birth has been mentioned/recorded as 21.04.1943. 8. The date of birth of the Petitioner as recorded in the School Register and High School Certificate as 21.04.1943, must have been made on the basis of information supplied by him/his father at the time of his admission as well as on the basis of the information supplied by him in the form, which the Petitioner himself filled up for appearing in the High School Certificate Examination. Recording of the date of birth of the Petitioner as 21.10.1945 in his service book, on the basis of the information supplied by him, is not supported by his Matriculation Certificate nor any order of the Competent Authority or Legal Verdict. Recording of the date of birth of the Petitioner as 21.10.1945 in his service book, on the basis of the information supplied by him, is not supported by his Matriculation Certificate nor any order of the Competent Authority or Legal Verdict. The Petitioner has not produced any documents with regard to the correction of his date of birth in the School Leaving Certificate, Matriculation Certificate etc. The date of birth once recorded in Matriculation Certificate cannot be changed/altered in any manner by anybody, either on the basis of an affidavit or copy of the Horoscope, unless it is corrected/rectified by the certificate issuing authority i.e. Board of Secondary Education, Orissa and a corrected certificate is issued in favour of the concerned person accordingly. In case any other date, than the date of birth recorded in the High School Certificate, is wrongly mentioned in the service book, without any supporting document(s), that may be a mistake or a clerical error committed intentionally at the time of making such entry, which may be for the benefit of the person concerned alone. It has also been held in a number of decisions that the date of birth recorded in the High School Certificate is final/ conclusive and relevant for all-purpose, unless it is changed by any legal verdict or by the appropriate authority, who is competent to do so. 9. So far as alteration/correction of the date of birth in service book is concerned, the relevant Rule, i.e. Rule 65 of the Orissa General Financial Rules, 1959 (Volume-I, Section-IV-Date of Birth), provides that:- Every person newly appointed to a service or a post under Government should at the time of the appointment, declare the date of his birth by the Christian era with as far as possible confirmatory documentary evidence, such as, a matriculation certificate, municipal birth certificate and so on. If the exact date is not known, an approximate date may be given. The actual date or the assumed date determined under Rule 66 should be recorded in the history of service, service book, or any other record that may be kept in respect of the Government servant's service under Government and once recorded, it cannot be altered, except in the case of a clerical error without the orders of the State Government. The actual date or the assumed date determined under Rule 66 should be recorded in the history of service, service book, or any other record that may be kept in respect of the Government servant's service under Government and once recorded, it cannot be altered, except in the case of a clerical error without the orders of the State Government. As such, the above Rule clearly provides that the date of birth once recorded cannot be altered except in the case of a clerical error without the orders of the State Government. 10. In the instant case, the date of birth of the Petitioner as recorded in his High School Certificate is 21.04.1943; but the same has been recorded / entered in his service book as 21.10.1945. Since the date of birth of the Petitioner has been wrongly entered/recorded in his service book as 21.10.1945 instead of his correct/ actual date of birth, i.e. 21.04.1943 and such entry is riot backed by his School Leaving Certificate as well as the High School Certificate or any legal verdict, it can never be accepted to be genuine and legal and such mistake committed at the time of recording the date of birth in his service book can only be termed as manipulation in record or an error/clerical error for the benefit of none other than the Petitioner himself alone. As such this mistake / error / clerical error can be rectified/ corrected/ altered by the Competent Authority, legally at any point of time, in accordance with Rule 65 of the Orissa General Financial Rules as quoted above i.e. with the approval of the State Government. In this case, so far as the Petitioner's date of birth is concerned, the State Government has already accepted the proposal and approved for correction of his date of birth as 21.04.1943 in place of 21.10.1945, keeping In view the date of birth as mentioned/recorded in his School Leaving Certificate issued by the 10 Gopabandhu High School, Begunia, letter of the Headmaster of that school, High School Certificate issued by the Board of Secondary Education and letter of the Deputy Secretary (Certificate), Board of Secondary Education, Orissa and allowed the Petitioner to retire from Government Service with immediate effect, since he has overstayed in his service. 11. 11. In view of the above, there is No. illegality, irregularity or manifest error of law in the order No. 12175 dated 31.05.2003 passed by the Government of Orissa in Agriculture Department (Annexure-9) as well as in the impugned order dated 02.07.2004 passed by the Orissa Administrative Tribunal, Bhubaneswar in Original Application No. 741 of 2003 (Annexure-18), which would call for any interference by this Court. 12. The writ petition is accordingly dismissed, as the same is devoid of any merit. However, there shall be No. order as to costs. I.M. Quddusi, A.C.J. 13. I agree. Final Result : Dismissed