SECRETARY AND COMMISSIONER HOME DEPARTMENT Vs. R KIRUBAKARAN

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is on behalf of the Commissioner, Home Department, and the Director General of Police of Tamil Nadu, for setting aside an order dated November 3, 1992 passed by the Tamil Nadu Administrative Tribunal (hereinafter referred to as "the Tribunal") directing the alteration of the date of birth of the respondent in the service records.

(3.) In the year 1958, the respondent entered in the police service as Sub-Inspector of Police. In due course, he was promoted tothe posts of Inspector of Police, Deputy Superintendent of Police and Additional Superintendent of Police. According to thedate of birth recorded in his service register, he was to superannuate on 8-8-1992. On 6-8-1991, the said respondent filed an application before the Tribunal for an order to alter his date of birth recorded as 9-8-1934 to 9-8-1936. That application was rejected giving an option to the respondent to approach the Government under the appropriate service rules. A representation to that effect was made, which was rejected on 2-4-1992 and copy of the said order was communicated by the Director General of Police. Thereafter, an application was filed before the Tribunal, making prayer for a direction to alter the date of his birth. On 9-9-1992 the Tribunal passed an interim order directing the appellants to allow the respondent to continue. Ultimately, by the impugned order, the Tribunal recorded a finding that the date of birth of the respondent was 9-8-1936 and he shall superannuate with reference to that date.