N KANNAN Vs. DIRECTOR OF SCHOOL EDUCATION

JUDGEMENT

(1.) PETITIONER seeks to quash the proceedings of the second respondent in Na. Ka. No. 119453/w1 (3)/05 dated 26. 4. 2006 and direct the respondents to correct his date of birth in the SSLC book as '5. 6. 1950' instead of 10. 6. 1948 as per the decree and judgment O. S. No. 4670 of 1979 on the file of the VI Assistant City Civil Court, Chennai, dated 5. 2. 1981.

(2.) THE brief facts necessary for disposal of the writ petition as stated in the affidavit filed in support of the writ petition are as follows.

(3.) THE learned counsel appearing for the petitioner submitted that the petitioner was appointed as Physical Director on 30. 3. 1976 and he had applied for correction of his date of birth in the SSLC book on 29. 8. 1978 itself, that is within five y the date of his joining in service and as no action was taken by the respondents, he filed O. S. No. 4670 of 1979 on 29. 4. 1979 and the Civil court also passed a decree in favour of the petitioner on 5. 2. 1981, which is also well within five years from the date of petitioner joining in service. Thus there is no delay in petitioner making his claim to correct his date of birth. Learned counsel also contended that the respondents having failed to implement the order of the Civil Court, second respondent is not justified in rejecting the request at this stage on the ground of delay. Learned counsel also submitted that the Civil Court decree has become final and the respondents 1 and 3 herein were parties to the Civil Court proceeding and hence they are bound by the decree and they cannot now take the stand that they will not obey the decree.