DELHI CANTONMENT BOARD Vs. RAM SHARAN

JUDGEMENT

(1.) The present appeal has been filed by the appellant / defendant No.1 with the following prayers:

(2.) The brief factual background of the case in the present appeal is that respondent No.1 / plaintiff joined the service with the appellant / defendant No.1 on October 20, 1989, as Junior Engineer. According to respondent No.1 / plaintiff his date of birth i.e., October 02, 1962, has been recorded in all the documents of his office including the Application Form, Educational Certificates, Attestation form i.e., Form of Personal details, Service Book, Pay Fixation Certificate, Medical Card, etc. The appellant / defendant No.1 in the years 2003 and 2010 published the seniority list for some of its employees / office bearers and invited objections concerning the same if any. In respect of respondent No.1 / plaintiff, as stated by the appellant / defendant No.1, the date of birth reflected in the said seniority list was October 02, 1960. In addition, according to the appellant / defendant No.1, respondent No.1 / plaintiff in the year 2012 inspected its Service Book and did not object to any of its details. It is a case where respondent No.1 / plaintiff for the first time on July 31, 2013, submitted a letter to the appellant / defendant No.1 alleging erroneous entry of the date of birth of respondent No.1 / plaintiff in the Service Book as October 02, 1960, instead of October 02, 1962. Thereafter, the appellant / defendant No.1 after conducting the necessary procedure responded to respondent No.1 / plaintiff stating the appointing authority's inability to correct the alleged error of the date of birth. Moreover, respondent No.1 / plaintiff on April 27, 2015, requested a copy of its Service Book under the Right to Information Act, 2005. Subsequently, on May 29, 2015, the appellant / defendant No.1 supplied a copy of the Service Book and personal document available with the appellant / defendant No.1.

(3.) It is a case wherein the respondent No.1 / plaintiff before the Trial Court in the CS No. 391/2017 prayed for a decree of declaration for declaring his correct date of birth in service record as October 02, 1962, and further prayed to pass a decree of mandatory injunction against the defendants and their officers, employees, successors, and representatives, etc., to rectify and correct date of birth in the service record as October 02, 1962. The respondent No.1 / plaintiff before the Trial Court had also prayed for a decree of damages against defendants by directing the appellant / defendant No.1 to pay ?3 Lacs as compensation on account of mental agony and harassment caused to him due to gross negligence and casual approach in dealing with such a sensitive issue by the defendants (including appellant) along with costs of the suit.