K MUTHUCHELLAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE prayer in the Writ Petition is to quash the orders of the First Respondent dated 6.3.1996 and 31.5.2006 and that of the Second Respondent dated 9.6.2006 and direct the Respondents to alter the date of birth of the Petitioner as -5.2.1953- instead of -2.6.1948- in the service register and grant all consequential service benefits.

(2.) ACCORDING to the Petitioner, he is the first son born to his parents, who are illiterate. He underwent school education upto 5th standard in an unrecognized school and subsequently joined in recognized school. The Petitioner states that at the time of joining the school, his parents inadvertently gave his date of birth as 2.6.1948. Petitioner has got two sisters and one younger brother and they are born in the years 1957, 1963 and 1967. The Petitioner appeared for the examination conducted by T.N.P.S.C. for selection to the post of Assistant in the Tamil Nadu Secretariat Service in the year 1985. He was selected and appointed as Assistant and was subsequently promoted as Assistant Section Officer in the year 1992. During the year 1995 he was appointed in Tamil Nadu Municipal Subordinate Service on transfer of service. When this Writ Petition was filed he was serving as Municipal Commissioner. The Petitioner retired from service on 30.6.2006 as per his date of birth entry made in the service register.

(3.) THE learned Senior Counsel for the Petitioner argued that the Petitioner, having made the Application in time and the Revenue Divisional Officer, Paramakudi, having submitted a report in his favour, the Principal Commissioner, Revenue Administration was not justified in sending adverse report to the Government to reject the claim of the Petitioner. THE learned Senior Counsel also submitted that if the Writ Petitioner is allowed, the Petitioner will get monetary benefits even though he was permitted to retire on 30.6.2006 and he will also get revision of pension. THE learned Senior Counsel also filed written arguments to reiterate his contentions raised in the Affidavit filed in support of the Writ Petition.