STATE OF ORISSA Vs. JAYARAM MAHAPATRA

JUDGEMENT

(1.) Defendants are the appellants before this Court against a confirming judgment The plaintiff-respondent filed the suit for declaration that his date of birth is 2 11-1926 and as such he is entitled to be re tamed in service till 2-11-1984 under the pre vailing service rules and for further direction to reinstate him in service

(2.) The case of the plaintiff respondent is that he joined the service as Inspector of Cooperative Societies as per order of the defend ant No 2 and on the date of retirement from service he was working as Assistant Registrar of Co-operative Societies According to the plaintiff his date of birth is 2-11-1926 but due to wrong entry of his date of birth in the gra dation list prepared by the defendants he was prematurely retired about six years prior to his actual date of retirement Further case of the plaintiff is that the gradation list was prepared in the year 1958 and his date of birth was wrongly noted as 2 11-1920 instead of 2 11 1926 and coming to know about the same he made a representation of the Registrar, Cooperative Societies on 24-6 1959 requesting him for correction of the date of birth as re fleeted in the gradation list The said representation was not attended to for a long time and ultimately the plaintiff submitted a memorial to the Governor of Onssa on 29-12 1973 and as there was no response he has filed O J C No 868 of 1977 before this Court wherein the defendants were directed by the High Court to dispose of the representation of the plamtiff within three months from the date of the order 16-1 1978 On 13-4-1978 the plaintiff was intimated by the Government that the Governor has been pleased to reject his memorial It is also the case of the plaintiff that he is the third son of his parents and the eldest son was born on 1-9-1920 and was also a Government servant and his second brother was born on 10-9-1921. He was also serving in the Co-operative Department along with the plaintiff In view of the date of birth of the aforesaid two brothers recorded as such in their service records, the date of birth of the plaintiff could not have been 2-11-1920 and should have been corrected to 2-11-1926. On the above plea the suit was filed.

(3.) The defendants filed a joint written statement and denied the plaint allegations that the date of birth was wrongly recorded as 2-11-1920 According to the defendants the correct date of birth had been recorded in the service book basing on the entries made in the Secondary School Leaving Certificate and the representation made by the plaintiff was rightly rejected