Writ Appeal No.198/2011 12.10.2011 Shri C.S. Ujjainia, learned Panel Lawyer for the appellants. Shri Tarun Kushwaha, learned counsel for the respondent. O R D E R This writ appeal under Section 2 (1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 is directed against the order dated 28.08.2010 passed by the Single Bench of this Court in Writ Petition No.1814/2005 (s). 2. The appeal is barred by 150 days, and therefore, IA No.1317/2011 has been filed seeking condonation of delay. 3. On going through the averments made in the application, we find that the appellants have satisfactorily explained the delay, which has occurred in filing the appeal. In the circumstances, we allow the application and condone the delay in filing the appeal. 4. Heard learned counsel for the parties on the question of admission. 5. Briefly stated, respondent was working on the post of Accounts Superintendent in Forest Department of the State Government. On 11.03.2005, the appellants issued an order, retiring the respondent (writ petitioner) with effect from 31.10.2003, observing that he had attained the age of 2 superannuation on 31.10.2003 as his date of birth is 01.11.1943. 6. Feeling aggrieved by the aforesaid order dated 11.03.2005, by which he was retrospectively retired, the respondent filed Writ Petition No.1814/2005 (s) before this Court. Learned Single Judge, after considering the fact that the writ petitioner was appointed on 10.06.1962 as Range Clerk and on the basis of School Leaving Certificate, his date of birth was corrected from 01.11.1943 to 01.11.1945 by the Divisional Forest Officer vide order dated 4/7.07.1981, allowed the writ petition by holding that after such a long lapse of time, without giving any opportunity to the respondent such order could not have been issued. Having held so, the learned Single Judge allowed the writ petition by observing thus: - “8. In the present case as the certificate issued MP Board of Secondary Education, has not been denied and as no opportunity of any kind was afforded to the petitioner and the date of birth corrected by the DFO as 01.11.1945, has to be treated as date of birth for all practical purposes. The petitioner was entitled to continue up to 31.10.2005 and therefore he shall be entitled for arrears of salary for the period he was not permitted to work. The date of birth as corrected by the Divisional Forest Officer as 01.11.1945 shall be treated as his date 3 of birth for all practical purposes. The petitioner shall be treated in service up to 31.10.2005. The respondents shall finalize the petitioner's pension within a period of six months from the date of receipt of certified copy of this order. The respondents shall release the arrears of pension as well as gratuity and GPF dues positively within a period of six months. In case the amount due to the petitioner is not paid within a period of six months from today, the amount due to the petitioner shall carry interest @ 8% from the date of entitlement till the date of actual payment to the petitioner.” 7. Having heard learned Panel Lawyer appearing for the appellant/State, we find that no ground to take a different view than the view, which has been taken by the learned Single Judge. 8. There is no dispute that the petitioner's date of birth was corrected on the basis of a certificate issued by the MP Higher Secondary Education Board, after getting the matter examined by the Divisional Forest Officer in the year 1981. On that basis, the petitioner continued in service up to 11.03.2005. Thereafter, the impugned order was passed, ordering his retirement from retrospective effect. We fail to understand that how unilaterally, the appellants could have retired the writ petitioner with retrospective effect, when the 4 corrected date of birth continued in the records of the appellants from 1981 till March, 2005. 9. In view of the aforesaid, we find ourselves in complete agreement with the view taken by the learned Single Judge. Accordingly, the writ appeal fails and is hereby dismissed. (Shantanu Kemkar) (Prakash Shrivastava) Judge Judge rcp