Orissa & Ors Vs. Shri Ramanath Patnaik
 INSC 371 (2 April 1997)
RAMASWAMY, D.P. WADHWA
Mr. Justice K. Ramaswamy Hon'ble Mr. Justice D.P. Wadhwa P.N. Mishra, Adv. for
the appellants N.R. Choudhary,Adv. for the Respondent The following order of theCourt
O R D
E R This appeal by special leave arises fromthe judgment of thelearnedsingleJudge
of the Orissa High Court,made on February 21,1986 inSecond Appeal No. 767/81,
dismissing the second appeal in limine.
the respondent joinedthe State service as a Clerk on 21.3.1944. According to the
Matriculation Certificate produced at the time of the entry into the service,
his date of birth is January 1, 1921.On attaining the superannuation, heretired
from service on 31.12.1978.
filed a suit in the year 1981 on the basis of the rejection of his
representation of declaration that his correctdate of birth is January 1, 1925 and not January 1, 1921. The trialCourt dismissedthe suit, but on appeal, the
Additional District Judge, Bhubaneshwardecreedthe suit. As stated earlier, the
second appeal was dismissed by theHigh Court. Thus, this appeal by special
controversy is no longer res integra. This Court has considered the entire case
law on this point in State of Tamil Nadu vs.
T.V. Venugopalan[(1994)6 SCC 302]. Therein, this Court has held thus :
is well knownthat the service record would be opened after the government
servant enters the service record would be countersigned by the government
servant. The date of birth as entered inthe school record is the source of materialfor
making entry inthe service record." When entry was made in the service
record and when he was inservice, he did not make anyattemptto have the servicerecordcorrected.
Therefore, any amount of evidence produced subsequently would beof no avail. The
High Court, therefore, hascommitted manifest error of law in refusing to
entertain the secondappeal.
appeal is accordinglyallowed. The judgment of the High Court stand set aside.
The judgment and decree of the appellate Court standsreversed and that of the
trial Court stands confirmed. No costs.