Col K Malaiappan Retired v. Govt Of India Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.07.2024

CORAM

THE HONOURABLE Mr.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE Mr.JUSTICE C.KUMARAPPAN against WA.No.3954 of 2004 Col.K.Malaiappan (Retd.) ... Petitioner Vs.

1. Government of India Rep. by Secretary to Government, Ministry of Defense, New Delhi-110 011.

2. Military Secretary, Army Head Quarters, DHG Post, New Delhi-110 011.

... Respondents Review Applications filed under Order 47 Rule 1 r/w Section 114 of CPC, praying to review the order dated 11.11.2009 passed in WA.No.3954 of 2004.

For Petitioner : No Appearance ***** 1/4

O R D E R

[Order of the Court was made by S.M.SUBRAMANIAM, J.] The order of this Court dated 11.11.2009 passed in WA.No.3954 of 2004 is sought to be reviewed. The Division Bench of this Court, while confirming the order of the Writ Court made an observation that the writ petitioner had not given representation for his change of Date of Birth, within a period of two years as contemplated under the Rules. The application seeking alteration of date of birth cannot be entertained during the fag end of services. The petitioner retired from service on 31.07.1996. That being so, we are not inclined to entertain the review petition. That apart, the petitioner has not established any error apparent on record warranting consideration.

2. Accordingly, the Review Application stands dismissed. No costs. [S.M.S., J.] [C.K., J.] 22.07.2024 kmi Index : Yes Speaking order : Yes/No 2/4

To

1. The Secretary to Government, Government of India Ministry of Defense, New Delhi-110 011.

2. Military Secretary, Army Head Quarters, DHG Post, New Delhi-110 011.

3/4

S.M.SUBRAMANIAM, J.

and C.KUMARAPPAN, J.

kmi against WA.No.3954 of 2004 22.07.2024 4/4