SUNDARAMURTHY Vs. CHIEF SECRETARY; ADDITIONAL DIRECTOR OF AGRICULTURE

JUDGEMENT

(1.) Challenge in this writ petition, is to the order, dismissing O.A.No.310/01709 of 2014, dated 12.06.2015, by which, the Central Administrative Tribunal, Madras Bench, has refused to direct alteration of Date of Birth of the petitioner, in his service book from 10.08.1955 to 26.05.1957.

(2.) Facts deduced from the material available on record and the order impugned, are that the petitioner joined, as Field Manager in Agricultural Department, Puducherry on 23.12.1981. He was promoted as Composed Development Inspector on 13.07.1988, which post has been re-designated as Assistant Agricultural Officer. According to the petitioner, while he was working as a Field Manager, he came to know that his Date of Birth was wrongly entered in the Service Book, as 10.08.1955, as mentioned in the SSLC Certificate, submitted by him, at the time of joining service, but his actual date of birth is 26.05.1957. Immediately, he made a representation to the respondents on 08.07.1984 and the same was kept pending. Thereafter, he got the Birth Extract from Bahour Commune Panchayat, Bahour, Pondicherry in Serial No.2478, wherein, his date of birth, has been mentioned as 26.05.1957 and based on the same, a certificate, dated 15.09.2009 was also issued. Considering the application of the petitioner, dated 10.09.2009, the Joint Director, School Education Department, Pondicherry, vide proceedings dated 01.02.2010, directed the Vice Principal, Bharathi Government Boys Higher Secondary School, Bahour, Puducherry, to make correction in the Transfer Certificate of the petitioner and accordingly, the Principal of the School also corrected the date of birth as 26.05.1957, in the Transfer Certificate, as well as, in the SSLC Certificate, issued on 29.04.1971.

(3.) According to the petitioner, he made several representations, enclosing the corrected Transfer Certificate and Secondary School Leaving Certificate to the respondents, requesting them to carry out necessary alteration of date of birth, in his Service Register. But there was no reply. Therefore, the petitioner was constrained to send an application under RTI Act, 2008 and thereafter, he was supplied with documents, in which, the Additional Director of Agricultures (T&V) has stated that he had recommended the petition of the writ petitioner, in his Note, dated 21.01.2014 and that the same was also approved by the Director and Chief Secretary, Puducherry, by considering the explanation given by the petitioner. However, the Under Secretary (Law) has rejected the claim of the petitioner for correction of date of birth in the Service Book, on the ground of delay, by observing that the request for the above said correction of date of birth has been made at the verge of superannuation.