HARCHAND SINGH Vs. PUNJAB STATE AND OTHERS

JUDGEMENT

(1.) This appeal is directed against the order of the Additional District Judge, Ludhiana dated 4.8.1983 dismissing the appeal of the appellant against the judgment and decree passed by the Sub Judge 1st Class, Ludhiana dated 29.4.1982.

(2.) The appellant had joined as Physical Training Instructor in the Education Department of the respondents on 21.9.1956. At the time of his joining, the date of birth was recorded as 1.1.1920. According to this date, he was due to retire on 31.12.1977. He made a representation dated 14.1.1977 for alteration of the date of birth in service record, claiming that his correct date of birth was 28.2.1924. This representation was rejected by the Chief Secretary vide order dated 27.7.1978. Thereafter, the appellant filed the present suit for declaration challenging the order of the Chief Secretary and praying for necessary correction. This suit was dismissed vide judgment and decree dated 29.4.1982. The appellant filed an appeal before the Additional District Judge which also met the same fate. Hence the present appeal.

(3.) Mr. Vikar Singh, learned counsel for the appellant, states that in view of the entries in the Jagir Register, Exh.P-1 and also School Leaving Certificate supported by the affidavit of the elder brother of the appellant, the date of birth ought to have been corrected.