P S LOGANATHAN Vs. TAMIL NADU ELECTRICITY BOARD

JUDGEMENT

(1.) The grievance of the petitioner is that he was born on 02.05.1949, but when he joined as Junior Assistant in the respondent-Board in the year 1973, his date of birth was entered as 05.05.1947, based on the entry in his S.S.L.C. Book. Concededly, the petitioner did not make any application for alteration of date of birth within five years from the date of entry into the service. But, when he made an application on 16.02.1994 seeking alteration of date of birth as 02.05.1949, the Executive Engineer of the respondent-Board, by letter dated 11.05.1994, returned the application of the petitioner for want of necessary correction in his S.S.L.C. Book and required him to apply afresh. Thereafter, the petitioner filed a civil suit in O.S.No.89 of 1995 on the file of District Munsif, Udumalpet, which was decreed on 12.06.1996 to the effect that the date of birth of the petitioner is 02.05.1949. Based on the decree dated 12.06.1996 made in O.S.No.89 of 1995 on the file of District Munsif, Udumalpet, correction was made in the S.S.L.C. Book of the petitioner that his date of birth is 02.05.1949. Supported by the decree dated 12.06.1996 made in O.S.No.89 of 1995 and the consequential correction made in his S.S.L.C. Book, the petitioner, again, on 14.11.1996, applied for alteration of date of birth in his service records. But, the Chief Engineer of the respondent-Board, by proceedings dated 31.12.1997, which is impugned in the above writ petition, quoting Regulation 110(b)(ii) and (vi) of the Tamil Nadu Electricity Board Service Regulations, as well as the decision of a Division Bench of the Apex Court in UNION OF INDIA V. HARNAM SINGH reported in AIR 1993 SC 1367=1993 (2) SCC 162, rejected the application of the petitioner for alteration of date of birth, summarily. Hence, the above writ petition.

(2.) Mr. S.Elamurugan, learned counsel for the petitioner, assails the impugned order dated 31.12.1997 passed by the Chief Engineer, Tamil Nadu Electricity Board, purely on the ground of jurisdiction, contending that the Chief Engineer is not a competent authority to pass the impugned order on the application made by the petitioner for alteration of date of birth, as the Board alone is empowered to take appropriate decision in the matter, which shall be final, as per Regulation 110(b)(i) of the Tamil Nadu Electricity Board Service Regulations.

(3.) Per contra, Mr. V.Radhakrishnan, learned Standing counsel appearing for the respondent-Tamil Nadu Electricity Board, invited my attention to Regulation 110(b)(i) and (ii) of the Tamil Nadu Electricity Board Service Regulations, which deal with the change and alteration of date of birth. Regulations 110(b)(i) and (ii) of the Tamil Nadu Electricity Board Service Regulations read as follows: "Regulation 110(b): Alteration of date of birth: (i)If, at the time of appointment, a candidate claims that his date of birth is different from that entered in the records mentioned in clause