SIVA KALAIMUTHU Vs. DIRECTOR OF SCHOOL EDUCATION

JUDGEMENT

(1.) The instant writ petition is for an appropriate writ, calling for the records of the respondents in connection with the demand of the petitioner for interest of 12% for the belated payment of terminal benefits to the petitioner.

(2.) The petitioner entered the service as Junior Assistant. He was promoted as an Assistant. At the time of entering into service, the petitioner had given his date of birth as 12.09.1939, claiming that his date of birth is 29.07.1941. The petitioner wanted to get his date of birth amended. Since there was no response, the petitioner filed O.S.No.313/92 dated 26.11.1993, in the District Munsif Court, Kulithalai, for a declaration that his date of birth is 29.07.1941 and for a mandatory injunction to correct his date of birth in the college and service registers. The suit was decreed on 26.11.1993. The judgment has became final for the reason that the appeal filed by the State challenging the decree was rejected. Since the decree was not executed, the petitioner filed an Execution Petition No.271/91 for a direction to implement the order of Civil Court in O.S.No.313/92.

(3.) The petitioner filed O.A.No.7500/97 in the Tribunal for execution of the decree. The Government accepted the prayer and issued G.O.Ms.No.418, School Education (R2) Department, accepting the Civil Court decree regarding the alteration of date of birth and further directing the writ petitioner to continue the service beyond 30.09.1997. However, the date of birth has not altered. O.A.No.7500/97 was dismissed. On the dismissal of O.A.No.7500/97, Government issued another G.O.Ms.No.487 School Education Department dated 27.11.1997, canceling the earlier G.O.Ms.No.418, dated 30.09.1997.