OM PARKASH Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS second appeal is directed against the concurrent decisions of the Courts below dismissing the suit of the plaintiff--appellant (since deceased ). He was working as a driver 'b' Grade in the Northern Railways under the defendants--respondents. He had been retired from service on reaching the age of superannuation of 58 years, on 30-11-1971, taking his date of birth as 1-12-1913. A departmental enquiry was conducted against him and it was found that he produced a false certificate to support his request for change in the date of birth from 1-12-1913 to 13-7-1916. The Divisional Personnel Officer, Ferozepur, stopped the increments of the appellant for two years, on the aforesaid ground. Feeling aggrieved by the aforesaid order, the appellant filed a suit seeking declaration that his retirement on 30-11-1971 was illegal, wrong and against the rules and the order by virtue of which his increments had been stopped for two years was illegal, ultra vires of the rules and principles of natural justice and inoperative. The defendants--respondents denied the allegations of the appellant. It was maintained that the date of birth of the appellant was entered as 1-12-1913 in the office record and this date of birth was never challenged throughout his service of over 30 years. The pleadings of the parties gave rise to the following issues:-

(2.) THE trial Court decided issues Nos. 1, 2, 3 and 4 in favour of the appellant and issues No. 5 was decided in favour of the respondent. As a result of the finding under issue No. 5, the appellant's suit was dismissed. An appeal against this decision to the Senior Subordinate Judge, Jullundur, also failed. The appellant has come up in second appeal to this Court.

(3.) THE result is that the appeal is herein dismissed, but there will be no order as to costs.