S.Velusamy, v. The Tamil Nadu Electricity
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.04.2015
CORAM
THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN W.P.No.13130 of 2015 S.Velusamy ... Petitioner Vs.
1. The Tamil Nadu Electricity Generation and Distribution Corporation Ltd.
(TANGEDCO) Rep. by its Chairman No.144 Anna Salai Chennai-2.
2. The Chief Engineer (Personnel) The Tamil Nadu Electricity Generation and Distribution Corporation Ltd. (TANGEDCO) No.144 Anna Salai Chennai-2.
3. The Chief Engineer (Distribution) Erode Region Erode.
4. The Superintending Engineer Mettur Electricity Distribution Circle Mettur Dam Salem District.
... Respondents Prayer : Writ Petition has been filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus directing the Respondents to pass appropriate orders to alter the date of birth of the Petitioner in Service Records as 07.02.1959 instead of 14.04.1957 based on the application submitted by the Petitioner dated 24.06.2013 enclosed with birth extract and other documents and thereby allow the Petitioner to continue in service in the post of Assessor uptill reaching the age of superannuation as per actual date of birth with consequential benefits within a time frame For Petitioner :
Mr.G.Sankaran For Respondents :
Mr.P.R.Dhilip Kumar
ORDER
With the consent of both sides, this writ petition itself is taken up for final disposal.
2. Petitioner was initially appointed as contract labour in TNEB on 16.08.1989 in Rural/Edapadi section coming under Mettur Division. After rendering more than 20 years of service, he was brought into regular establishment as Assessor Grade-II as per the orders of the 4th respondent dated 10.06.2009 i.e, he became the regular employee only on 10.06.2009. At the time of regularization, in the service book of the petitioner it is found that the date of birth is erroneously entered as 14.04.1957. According to petitioner his date of birth is 07.02.1959. He made representation at the earliest point of time on 23.09.2012, after regularisation. Respondents directed him to produce by various letters certain documents and he produced those documents. However, no final order is passed in his representation seeking to alter his date of birth. Unless his request is accepted he retires on 30.04.2015.
3. Taking into account the aforesaid situation, I am inclined to issue direction to dispose of the representation of the petitioner dated 24.06.2013 to the 2nd respondent. Therefore, the 2nd respondent is directed to consider the claim of the petitioner relating to alteration of date of birth and pass orders on merits and in accordance with law within a period of three weeks from the date of receipt of a copy of this order.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar kpr To
1. The Chairman Tamil Nadu Electricity Generation and Distribution Corporation Ltd.
(TANGEDCO) No.144 144, Anna Salai Chennai-2.
2. The Chief Engineer (Personnel) The Tamil Nadu Electricity Generation and Distribution Corporation Ltd. (TANGEDCO) No.144 Anna Salai Chennai-2.
3. The Chief Engineer (Distribution) Erode Region Erode.
4. The Superintending Engineer Mettur Electricity Distribution Circle Mettur Dam Salem District.
1 cc to Mr. G.Sankaran,Advocate, SR.No.23959 W.P.No.13130 of 2015 rsk(co) pmk.30.4.2015