JUDGMENT :

Sudeepti Sharma, J.

Challenge in the present appeal is to the judgment and decree dated 06.09.2002 passed by learned Additional District Judge, Jhajjar (hereinafter referred to as 'First Appellate Court'), whereby the appeal filed by the respondents against the judgment and decree dated 20.05.2002 passed by learned Civil Judge (Senior Division), Jhajjar (hereinafter referred to as 'trial Court'), was allowed and the said judgment and decree dated 20.05.2002 passed by learned trial Court was reversed.

2. The facts in brief are that the appellant/plaintiff was appointed as a Teacher in the Haryana Education Department in village Siwana District, Rohtak, on 24.02.1973. He was informed about the date of his retirement as 06.06.2003 on attaining the age of superannuation i.e. 58 years on the basis of his date of birth as 06.06.1945 as mentioned in his service record. He pleaded that his date of birth is not 06.06.1945 and in fact it is 06.06.1948 and on the basis of the same, after attaining three years' extension, he was due to retire on 06.06.2006. He further pleaded that his date of birth was recorded as 06.06.1945 in his matriculation certificate and in the service record subsequently, was due to clerical mistake. He further pleaded that in his admission register of 1st standard in the Government Primary School, Khorda, his date of birth was recorded as 06.06.1948, which continued in the school record and remained the same when he passed 5th standard and even in the school leaving certificate, his date of birth was mentioned as 06.06.1948. Thereafter, in 6th standard, he took admission in the Government High School, Chiria, District Bhiwani and got recorded his date of birth to be 06.06.1948, however, in his school leaving certificate, his date of birth was inadvertently written as 06.06.1945 instead of 06.06.1948 and this mistake continued and did not come to the notice of the appellant at the time of passing of matriculation. He only came to know about the same at the time of inspection of his service record and he requested the respondents to change his date of birth in his service record, but the same was not done. Therefore, he filed civil suit. In the civil suit, the respondents filed reply, wherein they took the stand that the appellant joined as a Teacher on 24.02.1973 and his date of birth was recorded as 06.06.1945 as per his matriculation certificate. Appellant did not raise any objection regarding incorrect date of birth, whereas, he could raise objection as per Rule 7.3 of the Punjab Financial Rules, Volume-I, within two years from the date of joining his service. Therefore, the respondents prayed for dismissal of the civil suit.

3. Appellant filed replication controverting the pleas taken in the written statement.

4. After hearing learned counsel for the parties, the suit filed by the appellant was decreed, vide judgment and decree dated 20.05.2002, which was challenged by the respondents by way of filing an appeal against the said judgment and decree. The appeal filed by the respondents was allowed by the learned First Appellate Court, vide its judgment and decree dated 06.09.2002, which is challenged before this Court by way of the present appeal.

5. Learned counsel for the appellant contends that the learned First Appellate Court has failed to appreciate the evidence on record and has set aside the well reasoned judgment of the learned trial Court. He therefore, prays that the present appeal be allowed and the judgment and decreed dated 06.09.2002 passed by the learned First Appellate Court be set aside.

6. Per contra, learned counsel for the respondents submits that the learned First Appellate Court has rightly set aside the judgment and decree dated 20.05.2002 passed by the learned trial Court, vide its judgment and decree dated 06.09.2002. He relied upon the judgments of Hon'ble Supreme Court passed in Punjab & Haryana High Court at Chandigarh Vs. Megh Raj Garg and another, 2010(6) SCC 482 and The Genera