(1.) This Second Appeal has been preferred by the defendant in O.S.No.1707 of 1988 on the file of I Assistant Judge, City Civil Court, Secunderabad.
(2.) The plaintiff filed the suit for declaring his date of birth as 28.06.1946 and for mandatory injunction directing the defendant to correct the date of birth in his service records and implement the same for all service purposes.
(3.) The plaintiff contended that he was born on 28.06.1946, which was duly recorded in the school records by his parents at Government Central Primary-cum- Middle School, Hanmakonda. After passing 8th class, while getting admission into 9th class in Government Multi-purpose High School, Hanmakonda, the date of birth was wrongly recorded as 17.02.1943 by the school authorities. After passing HSC examination, steps were taken by the plaintiff for getting the date of birth corrected. Later, the plaintiff joined in the Army on 17.12.1966 and during the training period, the mistake committed in the 9th class school records was brought to the notice of the concerned authorities by the plaintiff through his letter, dated 03.03.1967. The plaintiff made representations to the Director of School Education and the concerned District Educational Officer, Warangal. After the District Educational Officer issued proceedings on 29.12.1984 correcting the date of birth of the plaintiff, the same was duly implemented by the office of the Commissioner, Government Examinations, Andhra Pradesh. After his posting at Secunderabad on 25.07.1983 the plaintiff received proceedings of the District Educational Officer, Warangal. Later the plaintiff made a representation to the Department through his letter, dated 25.04.1985 asking him to correct his date of birth in the service records. The plaintiff received a reply from the defendant on 23.05.1985 asking him to represent his case through proper channel. Again the plaintiff received another letter from the defendant on 17.12.1985 stating that the case has been examined by the Government and the same has not been accepted. Hence, the plaintiff issued a legal notice and later filed the suit for the reliefs as mentioned above.