C. ARUL THERESA Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) The petitioner, who possesses P.G., degree in M.A.,(English), M.Phil in Madurai Kamaraj University and Doctorate (Ph.D) in Annai Theresa Women's University, Kodaikanal, was appointed as 'Assistant Professor' in the third respondent College on 24.02.2011. According to the petitioner, her correct date of birth as referred in the birth certificate issued by the Department of Municipal Administration & Water Supply, is 24.01.1962. Since her date of birth was mistakenly entered in the School records as 25.01.1961 instead of 24.01.1962, she had given a request for alteration on 02.12.2015. By proceedings of the Director of School Education, dated 24.05.2019, the petitioner's date of birth was altered from 25.01.1961 to 24.01.1962 in her School records. Since the petitioner was due to retire on 31.05.2019, she had immediately given a representation on 27.05.2019 to the Directorate of College Education to have her date of birth rectified as per the amended SSLC mark sheet. However, without reference to the same, the impugned order dated 31.05.2019 came to be passed relieving the petitioner and retiring with effect from 31.05.2019.

(2.) The learned counsel for the petitioner would submit that since the birth certificate of the petitioner, which was registered on 07.02.1962 with registration No.82/1962/01, issued by the Government of TamilNadu evidences that her date of birth was 24.01.1962, which has been correctly taken into account by the School Education Department and the date of birth in the School records was also rectified as '24.01.1962' from 25.01.1961, the petitioner would be entitled to continue her employment till 31.05.2020 in view of her original date of birth.

(3.) The learned Government Advocate would place reliance on the statement made in the counter affidavit and submit that the petitioner had not approached the authorities at the earliest point of time and therefore, she is not entitled to the relief which she seeks for. According to the learned Government Advocate, rectification of the School records alone would not be sufficient and the change in the school records was brought to their notice only after 24.05.2019 and therefore, they had also written a letter to the Director of School Education seeking for clarifications through their letter dated 29.10.2018.