SATYA NARAIN VERMA Vs. UNION OF INDIA

JUDGEMENT

(1.) . R.F.A. 486/88 is directed against the judgment and order dated 25.5.1985 of the learned Additional Sessions Judge in Suit No. 171/80 seeking a declaration to the effect that the appellant-plaintiff's correct date of birth is '23.10.1920' instead of '5.10.1919' and for a mandatory injunction directing the respondents-defendants to treat the date aforestated as correct date for all intent and purposes in the service of the appellant.

(2.) . It was the case of the appellant before the trial court that the appellant was recruited as a civilian in the Army Headquarters on 5.10.1944 as a Clerk on casual/daily wages in the Ordnance Depot, Mathura at which time his age in the service record was recorded as '20' without the knowledge and consent of the appellant. In 1953, the appellant passed High School Examination from the U.P. Board of High School and Intermediate Education, Allahabad, where his correct date of birth was recorded as '23.10.1928' which entry was made after confirmation from two Municipal Commissioners on the basis of horoscope. In the same year, the'service book of the appellant was made where the appellant found out that the date of birth recorded was '5.10.1919'. Thereafter he made various representations to have the date of birth corrected. He has further alleged that on 28.6.1960, the Commander, Works Engineer, under duress obtained a certificate from him showing his date of birth as '5.10.1919'. He contends that the High School Certificate coupled with horoscope, extracts from Municipal birth register and two certificates from Municipal Commissioner, Mathura, indicate his date of birth as '23.10.1928'.

(3.) . On the basis of pleadings, the following issues were framed: