UNION OF INDIA Vs. CAPT SHARANJIT SINGH

JUDGEMENT

(1.) This appeal by Union of India has been preferred against the judgment and decree of the learned District Judge, Gurdaspur in Civil Appeal No. 22 of 1994 dated 28.3.1995.

(2.) The plaintiff-respondent filed the suit for a declaration that his date of birth is 12.8.1942, but not 28.4.1940 as entered in the service record. The learned Sub Judge 2nd Class, Batala, dismissed the suit on the ground that the entry contained in Ex. P-3 on the basis of which the plaintiffs seeks the correction of the date of birth is not proved to be that of the plaintiff and that he filed the suit after commissioned service of 27 years at the fag end of his service career. On appeal, the learned District Judge, Gurdaspur allowed the appeal holding that the date of birth of the plaintiff was 12.8.1942. Hence the Union of India filed this appeal.

(3.) Before entering into the factual controversy, it is pertinent to mention that the suit was filed on 23.7.1992 for correction of date of birth. It is also pertinent to point out that the plaintiff has not taken any step to have his date of birth corrected before filing the suit. It has been held by the Supreme Court in Burn Standard Co. Ltd. & others v. Shri Dinbandhu Majumdar and another, 1995 4 JT 23, that ordinarily High Court should not, in exercise of its discretionary writ jurisdiction, entertain a writ application/petition filed by an employee of the Government towards the fag end of his service seeking correction of his date of birth entered in his service record. The case of the plaintiff is that his correct date of birth is 12.8.1942, but it was wrongly entered in the service record as 28.4.1940.