This was conveyed in a communication from Union Law Minister M Thambi Durai to the High Court's acting Chief Justice N K Jain today.

This followed complaints from Tamil Nadu and Karnataka that Shivappa's date of birth as per his high school records was December 11, 1936.

Thambi Durai's fax message to Jain said, President K R Narayanan had determined under Article 217 (3) of the Constitution that Shivappa had completed 62 years in 1998 itself.

The message said that the President came to the conclusion in consultation with the Supreme Court Chief Justice A S Anand that Shivappa's date of birth was December 11, 1936 and not December 11, 1938 as given by him.

Shivappa, who was informed about the communication by the High Court registrar while he was presiding over aDivision Bench, immediately retired to his chamber.

When contacted by newsmen for his reaction, Shivappa said he would comment only after receiving a formal communication. The effect of the President's order is that Shivappa ought to have retired in December itself, though he was continuing till today.

A former attorney general of Karnataka, Shivappa was appointed a judge of the Karnataka High Court in 1994 and was transferred to Madras High Court on April 28, 1994.

He had disposed of a number of politically-sensitive cases, including the anticipatory bail petition and the bail petition of former Tamil Nadu chief minister Jayalalitha and some of her associates.