MUNSHI RAM Vs. UNION OF INDIA

JUDGEMENT

(1.) The appellant has filed this Letters Patent Appeal against judgment. dated 17th of October 1977 of the learned Single Judge, dismissing his Civil Writ Petition No. 284/77, seeking a writ for quashing a Memorandum dated 1st of May 1975(Annexure X)communicating decision of the respondent refusing to change his date of birth recorded as 18th of June 1919 in the Servicc Book, and a Notice dated 28th of June 1976 (Annexure XII) declaring his retirement on attaining the age of 58 years, with effect from 30th of June 1977. According to the appellant, the Government ought to have accepted 29th of September 1924, or, in the

(2.) The appellant was recruited to the Army as Hav. Clerk on 18th of June 1942 during the 2nd World War. At that time, he was studying in class X in Govt. High School, Mehrauli, Delhi. His age was entered as 23 years in the enrolment form, which was duly signed by him. He was discharged from the Army after the war was over. The discharge certificate dated 14th of October 1946 (Annexure I) recorded his age as 27 years 5 months and 26days. Soon thereafter, he joined a civilian post as a temporary Lower Division Clerk in the Army Headquarters under the Ministry of Defence. On the basis of his original Army Enrolment Form and the Discharge Certificate, his date of birth was entered in the service record as 18th of June 1919.

(3.) The Government issued a circular on 12th of September 1956 informing nonmatric clerks that they should pass the matriculation examination during the academic years 1956-57 and 1957-58, otherwise they were to be retrenched on 15th of June 1958. In pursuance of this requirement, the appellant passed the matricultion examination and submmited the matriculation certificate, where his date of birth was stated as 8th of March 1922. On the basis of this certificate, his appointment as Lower Division Clerk was confirmed and he was promoted, in officiating capacity, as Upper Division Clerk in April, 1958. A combined roll of temporary/officiating Upper Division Clerks was issued in the year 1959-60 (Annexure II). In the said roll, against the name of the appellant, his date of birth was mentioned as 8th of March 1922.