Madras High CourtWP/7980/2026allowed

V.Dayalan v. The Secretary To Government

2026-03-09Honourable Ms. Justice P.T. Asha8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-03-2026

CORAM

THE HON'BLE MS. JUSTICE P.T. ASHA AND WMP NO. 8637 OF 2026,WMP NO. 8634 OF 2026 V.Dayalan S/o.S.Venkatesan, No.23A/106, South Mada Street, Koyambedu, Chennai-107.

..Petitioner(s) Vs

1. The Secretary to Government Tamil Development and Information (Nir.1) Department, Fort St. George, Chennai-09.

2. The Director Information and Public Relations Department, Government of Tamil Nadu, Fort St. George, Chennai-09.

3. The Additional Chief Secretary / Commissioner for Revenue Administration, Chepauk, Chennai-05.

..Respondent(s)

Prayer: - calling for the entire records relating to the impugned letter issued by the 1st respondent in Government Letter No.10291/Nir.1/ 2021, dated 18.07.2025 and quash the same and consequently directing the respondents to issue birth certificate to the petitioner by alter the date of birth as 21.08.1963 instead of 05.01.1962 as reflected in petitioners SSLC Book. For Petitioner(s):

Mr. C.Prakasam For Respondent(s):

Mr. Balathandayutham, SGP for R1 and R3

ORDER

This Writ Petition has been filed for the following reliefs:- "calling for the entire records relating to the impugned letter issued by the 1st respondent in Government Letter No.10291/Nir.1/ 2021, dated 18.07.2025 and quash the same and consequently directing the respondents to issue birth certificate to the petitioner by alter the date of birth as 21.08.1963 instead of 05.01.1962 as reflected in petitioners SSLC Book."

2. The petitioner was initially appointed as Assistant Public Relations Officer (Publicity) in the Information and Public Relations Department on 16.04.2010. Thereafter, the petitioner was promoted as Assistant Public Relations Officer in 2013 and subsequently as Public Relations Officer (Information) on 14.12.2015.

3. At the time of appointment, the petitioner's date of birth was recorded in the Service Register as 05.01.1962 based on school records. However, the petitioner's actual date of birth is 21.08.1963. The incorrect entry in the school records occurred due to ignorance on the part of the petitioner's parents, who were uneducated. The petitioner's school admission was made by her great grandmother, who affixed her thumb impression, resulting in the erroneous entry.

4. After joining the services of the respondent Department, while working at Kanchipuram, the petitioner became aware of the discrepancy and submitted a representation dated 03.06.2013 through the proper channel to the 2nd respondent seeking correction of the date of birth in the service records. As no action was taken, the petitioner had approached this Court by filing W.P.No. 797 of 2020. This Court by order dated 27.01.2020 directed the respondents to consider and pass orders on the petitioner's application in accordance with law.

5. Pursuant to the direction of this Court, the 1st respondent, by order dated 13.01.2020, rejected the petitioner's request on the ground that the application for alteration of date of birth was not made within five years from

the date of appointment, as contemplated under Section 59(3) of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016. Aggrieved by the said rejection, the petitioner had filed W.P. No. 15920 of 2021 challenging the rejection order and seeking a direction to refer the matter for enquiry and to effect correction of the date of birth. This Court by order dated 24.06.2022 had allowed the Writ Petition with the following directions:- "(i) The impugned Letter No.18306/Nir.1/2019, dated 13.01.2020 issued by the 1st respondent is quashed.

(ii) The petitioner is directed to submit application along with endorsement made by the 2nd respondent/Department and other records before the 1st respondent, within a period of two weeks from the date of receipt of a copy of this order.

(iii) If such application received by the 1st respondent, the 1st respondent is directed to verify the entire records and examine the genuineness of the said application, which has been duly endorsed by the 2nd respondent/Department and ultimately, if it is genuine the 1st respondent shall consider the same and to pass appropriate orders on merits and in accordance with law, as early as possible, within a period of twelve weeks from the date on which the records received from the petitioner.

(iv) If it is found not genuine, the 1st respondent is directed to pass appropriate orders."

6. Thereafter, the petitioner once again requested correction of his date of birth as 21.08.1963 instead of 05.01.1962. However, the 1st respondent, relying

upon the report of the 3rd respondent, rejected the petitioner's request vide impugned order dated 18.07.2025. Challenging the same, the petitioner is before this Court.

7. Heard the learned counsel on either side and perused the records.

8. This Court, on an earlier occasion in W.P. No. 15920 of 2021, had directed the 1st respondent, namely the Secretary to the Government of Tamil Nadu, Information and Public Relations Department, to verify the records submitted by the petitioner along with the application, consider the same, and thereafter pass appropriate orders within a period of 12 weeks. Unfortunately, the impugned order does not spell out the reasons as to why the petitioner's request has been rejected. The operative portion of the impugned order would read as follows:-

9. A perusal of the above would clearly show that the 1st respondent has not assigned any reasons as to why the petitioner's application has been rejected, more particularly when this Court, on an earlier occasion, had directed the 1st respondent to consider the petitioner's request and pass a speaking order.

10. In view of the above, this Writ Petition is allowed. The impugned order dated 18.07.2025 is set aside and the matter is remitted back to the 1st respondent for fresh consideration. The 1st respondent shall consider the petitioner's request afresh and pass a speaking order. The petitioner shall be afforded an opportunity of personal hearing and permitted to submit all relevant documents. The said exercise shall be completed within a period of 2 months from the date of receipt of a copy of this Court. No costs. Consequently, the connected Miscellaneous Petitions are closed. 09-03-2026 Index: Yes/No Speaking/Non-speaking order SHR

1. The Secretary to Government Tamil Development and Information (Nir.1) Department, Fort St. George, Chennai-09.

2. The Director Information and Public Relations Department, Government of Tamil Nadu, Fort St. George, Chennai-09.

3. The Additional Chief Secretary / Commissioner for Revenue Administration, Chepauk, Chennai-05.

P.T.ASHA J.

SHR AND WMP NO. 8637 OF 2026,WMP NO. 8634 OF 2026 09-03-2026