K AMUTHA Vs. DISTRICT COLLECTOR PERAMBALUR DISTRICT

JUDGEMENT

(1.) THE present Writ Petition has been filed challenging the order dated 01.12.2004 passed by the 2nd respondent/the Commissioner, Jayamkondam Panchayat Union, Jayamkondam, in Na.Ka.A1/3660/04 and to quash the same and direct the respondents to permit the petitioner to continue to work in the 2nd respondent/Jayamkondam Panchayat Union, Jayamkondam, as per date of birth i.e. on 01.11.1956 with all service and monetary benefits.

(2.) THE petitioner, K.Amutha was appointed as Ayah in the office of the Block Development Officer through Employment Exchange on 28.02.1976. THEreafter, in the year 1977, her services was regularized with effect from 22.05.1976. In the Service Register, the date of birth of the petitioner was entered by the 2nd respondent/the Commissioner, Jayamkondam Panchayat Union, Jayamkondam, as 01.11.1956 on the basis of the medical opinion given by the Government Doctor. Subsequently, for want of vacancy, the 2nd respondent ousted the service of the petitioner by informing her that she would be considered whenever future vacancy arose. However, ignoring the same, the 2nd respondent tried to fill up the vacancies in the year 1978. THEreafter, she was appointed as Assistant in the Child Welfare Centre, at Karuvelappar Koil on 01.11.1993 by the Project Nutrition Officer. In the year 1978, she was appointed on consolidated pay. THErefore, she was constrained to file an O.A.No.948 of 1993 before the Tamil Nadu Administrative Tribunal, Chennai. THE Tamil Nadu Administrative Tribunal, after considering the case of the petitioner, was pleased to pass an order dated 11.03.1994, directing 2nd respondent to appoint the petitioner in time scale of pay. In compliance of the order, the petitioner was appointed as Office Assistant in time scale of pay and joined in the office of the 2nd respondent, on 10.11.1995. Since then, the petitioner is continuing in service. But, all of a sudden, without any notice, her date of birth is said to have been altered as 06.10.1944 on the basis of the certificate of the Sub Registrar, Udayarpalayam.

(3.) APART from the three documents, she had not produced any document and also admitted that she was not having any document to support her of date of birth as 01.11.1956. On the basis of the enquiry proceedings, the Enquiry Officer also submitted a report holding that her date of birth is 06.10.1944. Thereafter, on the basis of the report of the Enquiry Officer report, the petitioner was relieved from service on the basis of the date of birth namely, 06.10.1944. The said order has been put in issue before this Court, in the present Writ Petition.