S SIVASUBRAMANIAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner was appointed as an Assistant in Tamil Nadu Secretariat Services, by an order dated, 28.04.1986. In the Service Register, his date of birth is entered as 09.07.1962, based on the entry made in the S.S.L.C. Book.

(2.) ACCORDING to the petitioner, his date of birth is 01.04.1963, as per the birth extract. He was born in Sivakalai Village, Tuticorin District. His parents are Thiru.Subbiah Pillai and Tmt.Saroja. He is the third child, born to them on 01.04.1963. The first son Mr.Elangovan was born on 27.08.1960. He is also employed in Secretariat. The second child was born on 03.04.1962 and died on 06.04.1962. Both the birth and death of the second child are registered under the Registration of Births and Deaths Act, 1969 (Central Act No.18 of 1969) in the revenant Village Record on 08.04.1962. Hence, the petitioner could not have born on 09.07.1962. Based on the birth extract, he made a representation dated 23.02.1989 to the respondent to alter his date of birth from 09.07.1962 to 01.04.1963.

(3.) THE respondent sought for a report from the Commissioner of Revenue Administration. THE Commissioner of Revenue Administration sent a report dated 07.04.1993, stating that the appeal of the petitioner deserves no consideration and the same has to be rejected. Based on the said letter dated 07.04.1993 of the Commissioner, the respondent passed the G.O.(3D).No.24, Municipal Administration and Water Supply Department, dated 09.11.1999 rejecting the request of the petitioner.