RATTAN LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Plaintiff-Appellant filed a suit for declaration and prayed therein that in the service record maintained by the Defendant-Respondent-State of Punjab, his date of birth be corrected from 13th May, 1929 to 13th January, 1931 and he be allowed to continue in service of the Defendant-Respondent upto 31st January, 1989. In the plaint, it was stated that the Plaintiff-Appellant was born on 13th January, 1931 at Nabha in the house of his maternal grandfather. At that time, Nabha was a part of the erstwhile Pepsu State. His mother died when he was about 2/3 years old, therefore, his date of birth was not known and due to mistake, his date of birth was entered in the school record as 13th May, 1929.

(2.) The Plaintiff-Appellant was working as a Circle Head Draftsman in the department of Defendant-Respondent. Just before the retirement, it was stated that his paternal uncle Ram Jas Jain disclosed him his correct date of birth and therefore, a decree of declaration be issued and the date of birth of the Plaintiff-Appellant be corrected.

(3.) State of Punjab-Defendant-Respondent filed written statement, wherein it was stated that the claim of the Plaintiff-Appellant was time-barred, as he had not applied for correction of his date of birth within two years of his joining the Government service. The Defendant Respondent further took a stand that in the matriculation certificate, the date of birth of the Plaintiff-Appellant recorded was 13th May, 1929. He joined the service in the erstwhile Pepsu State on 13th October, 1952 and the date of his superannuation was 31st May, 1987. It was further stated that the Plaintiff-Appellant filed the suit on 20th August, 1986, i.e. just nine months before the date of his retirement.