A.BRINDA Vs. DIRECTOR OF SCHOOL EDUCATION

JUDGEMENT

(1.) The writ petition has been filed for issuance of writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order in Na.Ka.No. 48613/W1/E1/2008, dated 30.04.2020 on the file of the respondent No.1 and the consequential impugned order in Na.Ka.No.1828/A1/2020 dated 30.04.2020 on the file of the respondent No.4 and quash the same as illegal and consequently for a direction, directing the respondent No.4 to permit the petitioner to discharge her duty in the post of P.A. to Chief Educational Officer (Higher Secondary) till 31.08.2020 in the light of the Judgment and Decree of the Civil Court in O.S.No. 551/2003 dated 27.02.2006.

(2.) By consent of parties, this writ petition is taken up for final disposal at the stage of admission itself.

(3.) The case of the petitioner is that the petitioner was appointed as P.G. Assistant on 22.02.1999 through direct recruitment. After her appointment, she applied for rectification of her date of birth which was wrongly mentioned in her educational certificate and service records. But, there was no response. Therefore, the petitioner filed a suit in O.S.No.551 of 2003 before the learned Principal District Munsif, Nagercoil for declaration and for mandatory injunction directing the respondents herein to make necessary alterations in the relevant records regarding correction of her date of birth as 24.08.1962. After hearing the case, the Principal District Munsif decreed the suit in favour of the petitioner. Despite the above categorical pronouncement, the respondents 1 and 4 have not taken any steps to rectify the date of birth. Hence, the petitioner sent a reminder representation dated 14.06.2007 to the respondents 1 and 4 requesting to implement the Civil Court Decree and Judgment. In these circumstances, the first respondent has issued the impugned order dated 30.04.2020, in which, he has rejected the application of the petitioner for rectification of date of birth and has also relieved her from service. Aggrieved over the same, the petitioner is before this Court.