T VEERAN Vs. COMMISSIONER OF MUNICIPAL ADMINISTRATION

JUDGEMENT

(1.) THE petitioner prays for the issuance of a writ of certiorarified mandamus calling for the records pertaining to the order of the third respondent passed in his proceedings Na. Ka. No. 3439/98/c1, dated 29. 01. 1999 and quash the same and consequently directing the respondents to permit the petitioner to continue in service as "sanitary Worker" in the office of the third respondent till 31. 7. 2006 to pay him the salary and all other attendant benefits for the period from 1. 2. 1999.

(2.) THE petitioner was working as Sanitary Worker in the office of the third respondent from 01. 07. 1967. Since he has no school education, his date of birth was not known to him. After coming into force of the rules relating to entries regarding the date of birth in the service book, he was referred to the Government Hospital, Melur for ascertaining his age. Accordingly, the Civil Assistant Surgeon, Government Hospital, Melur issued age certificate on 12. 5. 1977, certifying that his age was between 30 and 32 years by that time. Therefore, the authority has taken his date of birth as 15. 07. 1946.

(3.) WHILE that be the case, suddenly his date of birth has been altered in the service book as 15. 01. 1939 instead of 15. 07. 1946. This has been challenged in view of the audit report, which has pointed out that the petitioner was employed earlier in the Municipality and hence, his date of birth has been corrected as 15. 01. 1939 and on that basis, he was superannuated on 31. 01. 1999. Therefore, the present writ petition is filed challenging the order of superannuation, which is violative of the right.