CANARA BANK Vs. P UMESH PAI

JUDGEMENT

(1.) THE present appeal revolves around the issue with regard to change of date of birth of the appellant in the service record of the appellant which was initiated and prepared at the time of entry of the appellant into the service which was recorded as 26. 05. 1940. It is also not disputed that the aforesaid date of birth was entered into and written as 26. 05. 1940 on the basis of the Senior School Leaving Certificate (SSLC ). The appellant entered and joined the services on 29. 12. 1962 and immediately thereafter the service record of the appellant was prepared where his date of birth was recorded as 26. 05. 1940.

(2.) IT, however, appears that the appellant filed a suit on 28. 09. 1973 which was registered as Original Suit No. 565/1973 in the Court of the IInd Additional Munsiff of Mangalore, Karnataka. It may be stated that in the said suit, however, the appellant bank was not made a party and only the School Board and the State of Karnataka were made parties. It also transpires from the record that a decree was passed in the suit on 29. 11. 1977 wherein a direction was issued to the Karnataka Secondary Education Board and the State of Karnataka to correct the date of birth of the appellant as 26. 10. 1942. The decree was passed on 29. 11. 1977 and immediately thereafter, i. e. , 31. 03. 1978 an application was filed by the respondent to the appellant praying for correction of his date of birth in the service record as 26. 10. 1942 in terms of the decree passed by the Court of the IInd Additional Munsiff of Mangalore. The aforesaid representation submitted by the appellant was, however, rejected by the bank on 04. 04. 1978 on the ground that there is no provision for correction of date of birth in the rules of the appellant bank.

(3.) THERE was a complete silence on the part of the respondent thereafter and it appeared to the bank that the respondent stood satisfied. However, near about the date of retirement, i. e. , 31. 05. 2000 a representation came to be filed once again which was filed on 20. 04. 2000 requesting for correction of the date of birth of the appellant on the basis of the aforesaid decree passed by the Mangalore Court. The said representation was also considered by the bank and the same was rejected on 27. 04. 2000.