V.Shantha v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE : 01.07.2025

CORAM

THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR WP No.15211 of 2015 V.Shantha ... Petitioner Vs.

1. The District Collector, Namakkal.

2. The District Revenue Officer, Namakkal.

3. The Revenue Divisional Officer, Namakkal.

4. The Tahsildar, Namakkal.

... Respondents Prayer: This Writ Petition is filed under Article 226 of Constitution of India for issuance of Writ of Mandamus, directing the respondents to continue and permit the petitioner to serve in the post of Village Administrative Officer till she attains the age of superannuation as per the date of birth provided in the birth certificate as 24.10.1958 and thereby forbear the respondents from terminating the petitioner's service beyond 31.05.2015.

For Petitioner : Mr.D.Vasanth For Respondent : Mr.Yogesh Kannadasan, SGP 1/4

ORDER

This writ petition has been filed seeking a direction to the respondents to continue and permit the petitioner to serve in the post of Village Administrative Officer till she attains the age of superannuation as per the date of birth provided in the birth certificate as 24.10.1958 and thereby forbear the respondents from terminating the petitioner's service beyond 31.05.2015.

2. The facts of the case are that the petitioner was appointed as Village Administrative Officer on 14.02.2009 in S.Uduppam Village, Namakkal Taluk by virtue of the proceedings dated 14.02.2009. According to the petitioner, her date of birth is wrongly mentioned in the SSLC certificate which shows 15.05.1957. Therefore, for the first time, the petitioner made a representation on 17.04.2020 for change of her date of birth, just before she attains the age of superannuation which was due on 31.05.2020. The said representation was also submitted before the 4th respondent who is not a competent authority to amend the service register.

3. It is now settled law that no claim for change of date of birth in the service register would be entertained at the fag end of the service. In case of any such genuine claim is there with regard to change of date of birth, the concerned 2/4

employee shall make a request within a period of five years from the date of entry into the service. In the instant case, no such request was made by the petitioner within a period of five years from the date of entry into the service. On the other hand, such a request was made at the fag end of service and just before due date of retirement from service.

4. In such circumstances, the relief sought for by the petitioner cannot be granted. Be that as it may, the prayer also became infructuous as the petitioner has already attained age of superannuation even treating her date of birth as 24.10.1985.

5. In the light of the above, this Court does not find any merit in the writ petition and therefore, the same is dismissed. No costs. 01.07.2025 rli Index :Yes/No Internet:Yes Speaking Order/Non-speaking Order MUMMINENI SUDHEER KUMAR,J.

3/4

rli To

1. The District Collector, Namakkal.

2. The District Revenue Officer, Namakkal.

3. The Revenue Divisional Officer, Namakkal.

4. The Tahsildar, Namakkal.

WP No.15211 of 2015 01.07.2025 4/4