KRISHNA MURTHY M Vs. SUPERINTENDENT OF POST OFFICES

JUDGEMENT

(1.) The petitioner entered into service on 12-6-1967 as Extra Departmental Branch Postmaster (EDBPM) at Ponnal Branch P.O., R.R. District. At the time of entry into service he gave his date of birth as 20-2-1936. The petitioner states that while he was going through some old records he discovered his "Janma Patrika", which showed his date of birth as 20-2-1938. On discovery of the above fact, the petitioner submitted a representation in November 2000 seeking correction of his date of birth in service records from 1936 to 1938. Without disposing of the said representation the respondent has, by notification dated 22-11-2000, called for applications for filling up of the post of EDBPM for Ponnal village, is the grievance. The petitioner admits that if his date of birth is 1936 then he would be due to retire in 2001 on attaining the age of 65 years. He, however, contends that since his date of birth is 1938 he is entitled to continue upto 2003. He assails the inaction of the respondents in disposing of his representation for correction of his date of birth and also the conduct in issuing the notification dated 22-11-2000.

(2.) The petitioner's discovery of what he assumes in his correct date of birth, 33 years, after his entry into service, does not entitle him to correction of his date of birth that too on the basis of his "Janma Patrika". It is settled principle of law that an application for correction for date of birth belatedly made and on the eve of retirement need not be entertained by the employer - vide Union of India vs. Harnam Singh; Burn Standard Co., Ltd. vs. Dinabandhu Majumdar; Secretary and Commissioner, Home Department vs. R. Kirubakaram; State of Tamil Nadu vs. T.V. Venugopalan; Chief Medical Officer vs. Khadeer KhadrI; Union of India vs. Kantilal Hematram Pandya and Collector of Madras vs. K. Rajamaickm.

(3.) The respondent has thus committed no error in issuing the impugned notification or declining to accept the plea of the petitioner fpr correction of his date of birth. The writ petition is thus seen to be without merit and is accordingly dismissed at the stage of admission. No order as to costs.