The petitioner was appointed as Moharir in the Work Charge Establishment under Executive Engineer, Lift Irrigation Division, Patna by order dated 04.02.1967. Said post was subsequently redesignated as Lower Division Clerk (L.D.C.). Soon thereafter, the Service Book was opened in which his date of birth was recorded as 03.02.1950. He was subsequently brought in the regular establishment w.e.f. 06.02.1977. It may be noted here that subsequent to his appointment in the Work Charge Establishment, the petitioner appeared in the matriculation examination conducted by the Bihar School Examination Board and was declared passed. A copy of the matriculation certificate has been enclosed as Annexure2 which records 03.02.1950 as the date of birth of the petitioner. The same was produced by the petitioner before the respondents. In the year 1989, the Superintending Engineer of the Department vide communication dated 15.09.1989(Annexure-3) found that if the date of birth of the petitioner was accepted as 03.02.1950 then at the time of initial engagement, he was few months less than 18 years. Accordingly, a fictitious date of birth was directed to be entered in the service record of the petitioner. The petitioner protested thereagainst and made representations. No action was taken thereon. However, in the subsequent gradation list(s) prepared by the
