MANSHA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Mansha Singh joined irrigation Department of the State of Punjab as Clerk as a result of his selection by the Punjab Subordinate Services Selection on Board, Punjab. In course of time, he rose to the post of Superintendent Grade I. On 9.8.1994, he filed suit for declaration to the effect that he was born on 4.10.1941 and that his date of birth was incorrectly recorded as 27.12.1939 in his service book and that it be corrected to 4.10.1941 and that he be declared entitled to continue in service on the basis of the date of birth as entered in his matriculation certificate which is 4.10.1941 and that he is entitled to superannuate on 31.10.1999 and for mandatory injunction directing the state of Punjab to correct his date of birth in the service book from 27.12.1939 to 4.10.1941. Defendant State of Punjab contested the suit of the plaintiff urging that 27.12.1939 was recorded as his date of birth in the service book not inadvertently but on his own showing. At the time of submission of application form to the Punjab Subordinate Services Selection Board, Punjab for recruitment to the post of Clerk, he gave his date of birth as 27.12.1939. Apart from that, he verified the date of birth as 27.12.1939 recorded in his service book on 8.6.1961 and then on 20.9.1971 when the same was re -attested. He did not raise any protest at that time that his date of birth as 27.12.1939 was incorrectly recorded in the service book and that his date of birth actually was 4.10.1941. In the early years of his appointment, before the verification and filling of the service book page 1, there was lengthy correspondence between the plaintiff, Punjab University, Chandigarh and the Department on the issue that the date of birth recorded in matriculation certificate was not correct and as per the birth entry in the record of Civil Surgeon, Ambala, the date of birth of the plaintiff was 27.12.1939. Request was also made by the plaintiff to the Punjab University for the necessary change of date of birth in matriculation certificate. However, as application to the University was made after the stipulated date, Syndicate of the University rejected his application. plaintiff is estopped by his act and conduct from saying that his date of birth recorded in the service book was wrong. plaintiff is taking up this stand now due to greed which is that he wants to prolong his stay in service. On the date of entry into the government service, plaintiff was less than 18 years of age. If 4.10.1941 is taken as the correct date of his birth, he could not have entered service as on 28.1.1959 and he could not have applied for the post of Clerk in the year 1958. On these pleadings of the parties, the following issues were framed : -

(2.) Whether before filing the suit a legal and valid notice under Sec. 80 CPC was served on the defendants ? OPP

(3.) Whether the suit is within time ? OPP