IMPORTANT POINT
Claim made by the employees long after entering into service cannot be entertained.

JUDGMENT

G.S. Singhvi, J. —

1.Whether the decision taken by the Syndicate of the Panjab University to entertain and accept the application made by respondent No.1 Megh Raj Garg for changing the date of birth recorded in his matriculation certificate was binding on the State Government and the High Court of Punjab and Haryana (hereinafter described as ‘the appellant’) and whether the suit filed by respondent No.1 for ordaining correction of the date of birth recorded in his service book was maintainable are the questions which arise for determination in this appeal filed by the appellant against the judgment of the learned Single Judge of the High Court in Regular Second Appeal No.901 of 1996.

2.Respondent No.1 joined service as Sub Judge-cum-Judicial Magistrate, II Class in March, 1973. His date of birth was recorded in the service book as 27.3.1936 because that was the date mentioned in the matriculation certificate and the application made by him in response to the advertisement issued by the Punjab Public Service Commission. After ten years of joining the service, respondent No.1 submitted an application to the concerned authority of Punjab University for amendment of the date of birth recorded in the matriculation certificate by asserting that his correct date of birth was 27.3.1938 but by mistake the same was recorded as 27.3.1936. In support of this assertion, respondent No.1 relied upon the certificates issued by Government High School, Moonak and Hindu Sabha High School, Sunam. The Date of Birth Committee of the University recommended that the request made by respondent No.1 may be accepted. Thereupon, the Syndicate of the University directed that the date of birth recorded in the matriculation certificate of respondent No.1 be changed from 27.3.1936 to 27.3.1938. In compliance of the decision taken by the Syndicate, necessary changes were made in the matriculation certificate of respondent No.1.

3.After having succeeded in persuading the University to change the date of birth recorded in his matriculation certificate, respondent No.1 represented to the State Government for making corresponding change in the date of birth recorded in the service book. The State Government, in consultation with the High Court, rejected the prayer of respondent No.1 and he was informed about this vide letter dated 28.1.1993.

4.Respondent No.1 challenged the decision of the State Government in Civil Suit No.417-A of 1993 and prayed for grant of a declaration that the decision of the State Government and the High Court not to correct the date of birth recorded in his service book is illegal, void and ineffective. He also prayed for issue of a mandatory injunction directing the defendants to change the date of birth recorded in the service book from 27.3.1936 to 27.3.1938.

5.In the written statement filed on behalf of defendant No.2 (appellant herein), reliance was placed on Para 1 of Annexure-A to Chapter II of the Punjab Civil Service Rules, Volume 1 and it was pleaded that the application made by respondent No.1 for correction of date of birth recorded in his service book after twelve years of entering into service was rightly rejected. It was further pleaded that correction of the date of birth recorded in the matriculation certificate by the University was not binding on the High Court and the State Government.

6.On the pleadings of the parties, the trial Court framed the following issues:

“(1) Whether the order dated 28.1.1993 is illegal, null and void as alleged? OPP.

(2) Whether the plaintiff is entitled to the relief of mandatory injunction as prayed for? OPP.

(3) Whether the suit is not maintainable as it is not within limitation? OPD.

(4) Whether the plaintiff has no cause of action? OPD

(5) Whether the plaintiff is estopped from challenging the date of birth as mentioned in the office record? OPD.

(6) Relief.”

7.After considering the pleadings and evidence of the parties, the trial Court decreed the suit and declared that rejection of the re