ANANT RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a regular second appeal filed by Anant Ram plaintiff, against the judgment dated February 22. 1972. of the Additional District Judge. Patiala. whereby he accepted the appeal of the defendant-State of Punjab and set aside the decree of the trial Court and dismissed the suit of the plaintiff. Anant Ram.

(2.) THE facts of this case are that the plaintiff ioined service as Patwari in the Revenue Department of the erstwhile State of Patiala and in his service book his date of birth was entered as 15-12-1967 Bk. On attaining the age of superannuation, he retired from service as Kanungo on 28-3-1969. According to the plaintiff his actual date of birth is 13-4-1971 Bk. It is alleged that he made several representations to the authorities concerned to correct the mistake in the service records about his date of birth, but the same were reiected. The plaintiff, therefore, filed suit for declaration that his date of birth is 13-4-1971 Bk. . and that the date of birth entered in the service book is incorrect. The defendant-Punjab State contested the suit. It was alleged that the plaintiff made an application for the first time on 30-1-1969 for the correction of his date of birth and the same was reiected. It was also pleaded that this suit is not maintainable, that the matter in dispute is not justiciable in a Court of law and the Civil Court has no jurisdiction to try this suit. On these pleadings of the parties, the following issues were framed by the Subordinate Judge;-1. Whether the date of birth of the plaintiff is 13-4-1971 Bk. ? 2. Whether the suit is not maintainable ?

(3.) WHETHER the matter in dispute is not justiciable ?