D.Rajasekaran v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 03.07.2017

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.P.No.10371 of 2017 D.Rajasekaran .. Petitioner

Versus

1. The Secretary to Government and Commissioner of Revenue Administration, Chepauk, Chennai - 5.

2. The District Collector, Vellore District, Vellore.

3. The Revenue Divisional Officer, Ranipet, Vellore District. .. Respondents Prayer: This writ petition is filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the respondents to consider and pass orders on the petitioner's application dated 23.06.1986 seeking for the alteration of date of birth in the petitioner's service register as 17.06.1961 instead 17.06.1960 on the basis of recommendation of the third respondent to the second respondent by a proceedings in Na.Ka.A1.8479/2008 dated 26.05.2008 and on the basis of the enquiry conducted by the second respondent pursuant to his notice dated 01.03.2013.

For Petitioner : Mr.G.Jeremiah For Respondents : Mr.S.Gunasekaran Addl. Government Pleader

O R D E R

This writ petition is filed for issuance of a writ of mandamus, directing the respondents to consider and pass orders on the petitioner's application dated 23.06.1986 seeking for the alteration of date of birth in the petitioner's service register

as 17.06.1961 instead 17.06.1960 on the basis of recommendation of the third respondent to the second respondent by a proceedings in Na.Ka.A1.8479/2008 dated 26.05.2008 and on the basis of the enquiry conducted by the second respondent pursuant to his notice dated 01.03.2013.

2. The petitioner was appointed as typist on 25.06.1984 and continuing in service. The learned counsel for the petitioner contended that the petitioner had submitted an application on 23.03.1986 seeking for alteration of date of birth. An enquiry also was conducted by the respondents to that effect. In fact, an internal communication between Revenue Divisional Officer and District Collector dated 26.05.2008 is evident that an enquiry was conducted regarding alteration of date of birth of the petitioner, thereafter there was a communication by the Revenue Divisional Officer in proceedings Na.Ka.A7/488/2013 dated: 01.03.2013.

3. The learned counsel urged this Court that the file is pending with the respondents and no final decision is taken with regard to the alteration of date of birth of the petitioner. Since the file is kept pending even after the completion of enquiry, the writ petitioner submitted a representation to the respondents on 31.08.2015 and 01.09.2015 which yielded no response. Without going in to the merits of this case in the matter of alteration of date of birth, this Court is inclined to direct the respondents to consider the representation submitted by the writ petitioner on 31.08.2015 and pass appropriate orders in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

5. The writ petitioner is directed to enclose a copy of the representation along with the order passed in this writ petition. With the above observations, this writ petition stands disposed of, however no order as to costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar AT/dpq

To

1. The Secretary to Government and Commissioner of Revenue Administration, Chepauk, Chennai - 5.

2. The District Collector, Vellore District, Vellore.

3. The Revenue Divisional Officer, Ranipet, Vellore District.

+1cc to Mr.G.Jeremiah, Advocate, S.R.No.46050 +1cc to the Government Pleader, S.R.No.46556 W.P.No.10371 of 2017 RK(CO) CS/21/07/17