STATE OF PUNJAB Vs. KISHAN CHAND SANDHIR

JUDGEMENT

(1.) This is Defendant's second appeal against whom the suit for declaration and for the grant of the mandatory injunction was dismissed by the trial Court, but decreed in appeal.

(2.) The Plaintiff -Respondent was working as a Headmaster in the Government Co -Education High School, Chak Kalan, Ludhiana. It was alleged that he was born on November 4, 1927. at village Baddowal, Tehsil and District Ludhiana. The entry regarding his date of birth was made in the register maintained by the chowkidar of the village, and in the records maintained by the Chief Registrar of Births and Deaths, Punjab, Chandigarh. His date of birth was shown as November 4. 1927. in the above -mentioned records. Due to oversight, his date of birth was mentioned as July 16. 1924, in the Admission Form. On the basis of this information, the said date of birth continued in the school admission register, subsequent school record, university and the official records. He joined service in the State of Punjab in the year 1950. The wrong entry regarding his date of birth was made in his service record on the basis of the matriculation examination certificate. Since this wrong entry adversely affected his tenure of service, he filed the present suit for declaration to the affect that the date of his birth was November 4, 1927, and not July 16, 1924, with consequential relief, and for the grant of the mandatory injunction. The suit was contested inter alia on the grounds that the Plaintiff's date of birth was July 16, 1924, and not November 4, 1927, as alleged. It has been correctly recorded in the official records. Under Rule 2.5, Note 1. Annexure (A) of the Punjab Civil Service Rules, Volume I, Pare I - - Main Rules (Revised Edition), as corrected up to August 1, 1976, (hereinafter called the Rules), representation for correction of the date of birth could have been made within two years of his entering into the Government service. Since he did not come to the Court within two years; the present suit was liable to be dismissed. On the pleadings of the parties, the trial Court framed the following issues:

(3.) Whether the suit is within time?