GOVERNMENT OF TAMIL NADU Vs. J RAMASAMY

JUDGEMENT

(1.) RULE 49 of the Tamil Nadu State and Subordinate Services RULEs which deals with alteration of date of birth in Sub Clauses (b) and (c) thereof provide thus:

(2.) THE applicant before the Tribunal, who is the respondent before us, had given his date of birth when he joined Government service as 19.4.1942. He joined service on 6.5.1965. On 31.3.1999, about 34 years after he had joined service, he sought correction of his date of birth, and claimed that his correct date of birth is 18.3.1944. He had sought to rely on an extract from the Birth Register of the Municipality in support of his claim. That application was rejected by the State summarily on the ground that the application had been filed beyond the time permissible under Rule 49(b) of the Rules. Aggrieved by that order, he approached the Tribunal, which curiously summoned the Register of the Municipality, looked into it, thereafter held that Rule 49(c) is an exception to Rule 49(b) of the Rules and that applications for correction of date of birth filed after a period of five years are permissible, and then concluded by directing the alteration of the date of birth of the applicant. THE direction given was, "the date of birth of the applicant is altered as 18.3.1944 and he shall be continued in service, till he attains the age of superannuation, as per the said date."

(3.) IN this case, the facts stare one in the eye. The official gave his date of birth as 19.4.1942 when he joined service and when he was to retire after his date of superannuation was computed with reference to the birth date given by him, he sought change in the birth date itself. He was certainly a person who had failed to make an application within five years after his entering service with regard to any correction that may have been warranted in his date of birth. He was clearly disentitled from making such application after the end of the five year period.