- (1.) The defendant has come up in regular second appeal against the judgment and decree of the first appellate Court which reversed on appeal those of the trial Judge granting a declaration to the respondent/plaintiff that his correct date of birth is August 4, 1926 and not July 1, 1924 as entered in the service record.
(2.) The facts :- The respondent/plaintiff was appointed as a Gate Keeper in Civil Secretariat by the appellant/defendant on July 22, 1955. In due course, he was promoted as Head Gate Keeper. At the time of entry into Government Service he had given his date of birth as July 1, 1924, though he was not in possession of any birth certificate or any other record regarding the date of birth. He was due to retire on attaining the age of superannuation with effect from June 30, 1984 (Afternoon). In December, 1983, he went to his village and talked to his brothers, namely, Joginder Singh (P.W. 1) and Kanshi Singh (P.W. 2) about his retirement from service on attaining the age of 60 years. He was told by his brothers that he was not that much old. Then he examined birth registration record maintained in the office of Civil Surgeon, Ropar and managed to get birth certificate, Ex.P.1 and according to which he was born on February 4, 1926. The birth certificate indicated that his birth was registered in his village birth register on August 6, 1926. The respondent/plaintiff then represented to the defendant-appellant for correction of date of birth in his service record on May 17, 1984. He supported his averment in the application with a copy of the birth certificate. The prayer for correction of his date of birth was rejected by the defendant. The defendant justified its order vide which his application for correction of date of birth was rejected. It was also pleaded that the suit was barred by time and that the plaintiff had already retired from service on June 30, 1984 and was not entitled to the declaration prayed for. The plea of estoppel was also raised.
(3.) On the pleadings of the parties, the following issues were framed by the trial Judge :- 1. Whether the plaintiff is entitled to the declaration as prayed for ? OPP 2. Whether the suit of the plaintiff is within limitation ? OPD 3. Whether the plaintiff has no locus standi to file the present suit ? OPD 4. Whether the plaintiff is estopped by his own act and conduct to file the present suit ? 5. Relief.;