IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Regular Second Appeal No. 1457 of 2010(O&M) Date of Decision: September 13, 2011. Zile Singh. ...... APPELLANT (s) Versus State of Haryana and others. ...... RESPONDENT (s) CORAM:- HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr. Parveen Rohilla, Advocate for the appellant. ***** RAM CHAND GUPTA, J.(Oral) The present regular second appeal has been filed against judgment and decree dated 01.05.2009 passed by learned Additional District Judge, Fatehabad dismissing appeal filed by the present appellant-plaintiff against judgment and decree dated 12.12.2008 passed by learned Civil Judge (Junior Division), Tohana vide which suit filed by present appellant-plaintiff was dismissed. I have heard learned counsel for the appellant and have gone through the whole record carefully including the impugned judgments passed by learned courts below. Briefly stated, appellant-plaintiff joined as Beldar in the office of respondents no.2 and 3 on 01.06.1976. At the time of joining the service, he RSA No.1457 of 2010 mentioned his date of birth as 01.07.1948. It was this date of birth mentioned in his service book, which was duly signed by the appellant-plaintiff. He also affixed several finger impressions/thumb impressions regarding the personal mark for identification as required under the rules. He was also medically examined at the time of his first entry into the government service and as per the medical certificate his date of birth was mentioned as 28 years. He has since retired from service on attaining the age of superannuation on the basis of his date of birth mentioned in the service book. He represented to his department for correction in the date of birth as 07.09.1958 instead of 01.07.1948 a few months before his pension papers were prepared on the basis of some medical certificate and on the basis of some school leaving certificate. However, his plea was not accepted by both the Courts below. It has been rightly observed by both the courts below that appellant-plaintiff remained silent throughout his service career and he has sought to get his date of birth corrected only at the fag end of his career. The plea has been rightly declined by the courts below. Hence, in view of these facts, it cannot be said that any illegality has been committed by the courts below in passing the impugned judgments and decrees. Finding recorded by both the courts below is fully justified by the evidence on record and is supported by cogent reasons. The said finding is not shown to be perverse or illegal nor it is based on misreading or misappreciation of the evidence. Hence, the said finding does not warrant interference in this second appeal. No question of law, much less substantial question of law, arises for determination in this second appeal. Accordingly the appeal is dismissed in limine. 2 RSA No.1457 of 2010 ( RAM CHAND GUPTA ) September 13, 2011. JUDGE 'om’ 3