V.K.JHANJI, J. - (1.) PETITIONER joined as Commissioned Officer in the Army in the year 1960. In the service book of the petitioner, his date of birth at the lime of entry into service is recorded as 15. 2. 1938. As per the case set up by the petitioner, his father, who is no more alive, realized somewhere in the year 1970 that the date of birth of the petitioner is not correctly recorded in the service book. Petitioner, on coming to know about this, started corresponding with the concerned authorities in Pakistan as the petitioner was born in District Sargodha, now in Pakistan. Petitioner who was to retire on 24. 2. 1994 from the rank of Major General, made an application to the Army Authorities on 15. 10. 1991 with a request to correct his date of birth. In the application, he stated that his correct date of birth is 4. 10. 1938 instead of 15. 2. 1938. After filing of this application, petitioner received his birth certificate from the Indian High Commission, Islamabad. On receipt of this certificate, he made another application on 5. 1. 1993 asking the Authorities to correct his date of birth as 4. 10. 1938 as shown in the certificate of birth received from the Indian High Commission. He also attached with the application, corrected matriculation certificate which he had got it corrected in pursuance of a decree obtained against Punjab University to which admittedly defendants were not parties. The immediate boss of the petitioner i. e. Lt. Col. G. O. C. recommended the case of the petitioner. His case was also recommended by Lt. Col. D. G. M. T. and L. V. K. Sharma, C. S. O/g. S. O-II. However, request of the petitioner and the recommendations made by the aforesaid Officers did not find favour with the competent Authority. Vide order dated 31. 5. 1993, case of the petitioner was rejected after due consideration of the Rules and Regulations. On receipt of the order, petitioner filed civil suit for mandatory injunction for a direction to the defendants to correct his date of birth in the service record.
(2.) DEFENDANTS , on appearance, contested the suit inter-alia on the ground that the Court at Jalandhar, has no jurisdiction to entertain the suit and also under the instructions/regulations, period of limitation for changing the date of birth is two years from the date of enrollment/commission in the Army. When the application was made in the year 1991, it was much beyond the period of limitation. The request of the petitioner was rightly not accepted by the defendants. Defendants also denied that they are bound by the decree obtained by the Punjab University stating that defendants were not parties to the aforesaid suit. Trial Court, relying upon the instructions dated 1. 1. 1990, decreed the suit and as a consequence, defendants were directed to alter the date of birth in the service record. Feeling aggrieved against the judgment and decree of the trial Court, defendants filed first appeal before the Additional District Judge, Jalandhar. Vide impugned order, appeal was accepted and judgment and decree of the trial Court was set aside. The Appellate Court not only upheld the objections of the defendants with regard to territorial jurisdiction but also on merits, found that the petitioner was not entitled to get his date of birth corrected. Petitioner has now filed the present civil revision impugning the order of the Appellate Court.
(3.) MR . M. L. Sarin, Senior Advocate, counsel for the petitioner contended that the period of limitation of two years for correcting the date of birth was provided for the first time under the instructions dated 1. 1. 1990. Petitioner having applied to the authorities within this period, defendants were bound to accept his request. He also contended that his application was processed under the instructions dated 1. 1. 1990. He further contended that judgment against Punjab University is a judgment in rent. The matriculation certificate having been, corrected in pursuance to the decree of the Court, defendants were bound to correct the date of birth.;