MANAGING DIRECTORE Vs. SALEEMA

JUDGEMENT

(1.) Plaintiff, Noor-ud-in Beigh, presented a suit in the Court of Judge Small Causes on March 12, 1985 with the prayer that a decree of declaration, declaring his date of birth as May 5, 1938 instead of July 1, 1928, which has wrongly been shown in the service book of the plaintiff, be passed in his favour and he be permitted to continue in service and has also prayed for consequential benefits. The defendants resisted the suit and the trial Court decreed the suit of the plaintiff.

(2.) It is profitable to give brief resume of the plaint herein: Respondent (Noor-ud-Din Beigh) was appointed as daily- wager in Government Flature Unit JKI Ram Bagh and his services were regularized in the month of November, 1974 and he became the permanent employee. The service book of the plaintiff/respondent was prepared and his date of birth has been recorded as July 1, 1928. In terms of Annexure-A to the plaint, the Government issued an order under No. GSM/48/83 dated June 29, 1983, whereby the date of superannuation of the plaintiff/ respondent was shown as July 1, 1983 and accordingly, the plaintiff retired on July 1, 1983.

(3.) It is also averred in the plaint that the defendants have wrongly recorded the date of birth of the plaintiff as July 1, 1928, while as date of birth of the plaintiff is May 5, 1938.