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Madras High CourtWP/18370/2016disposed of

V.K.Thiruvengadasamy, v. The Joint Director Of School

2016-05-26Honourable Mr Justice M.V. Muralidaran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.05.2016

CORAM:

THE HONOURABLE MR. JUSTICE M.V.MURALIDARAN W.P.No.18370 of 2016 and WMP No.16068 of 2016 V.K.Thiruvengadasamy ... Petitioner vs.

1.The Joint Director of School Education (Personnel) College Road, Chennai - 600 006.

2.The Commissioner for Revenue Administration, Chepauk, Chennai - 600 005.

3.The Chief Educational Officer, Erode District, Erode.

4.The Revenue Divisional Officer, Erode, Erode District.

...

Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records of the first respondent in relation to Moo.Moo No.96788/C3/E2/13 dated 27.4.2016 and quash the same and issue a consequential direction to the respondent to alter the date of birth of the petitioner from 14.4.1958 to 14.4.1960 in the Service Register as per the Birth Certificate and to direct the respondents to allow the petitioner to remain in service till 14.4.2018 with all consequential benefits.

For petitioner : Mr.R.Saseetharan For respondents : Mr.K.Karthikeyan, Government Advocate

ORDER

Mr.K.Karthikeyan, learned Government Advocate, takes notice for the respondents.

2. The petitioner who is working as B.T.Assistant (Maths) in the Government Higher Secondary School, Kumanankottai, Erode, has come forward to challenge the present impugned order dated

27.4.2016 passed by the first respondent rejecting the claim of the petitioner to alter his date of birth from 14.4.1958 to 14.4.1960.

3. The impugned order of the first respondent contains that there was a report given by the R.D.O., Erode and based on that, the present impugned order was passed rejecting the claim of the petitioner for alteration of his date of birth from 14.4.1958 to 14.4.1960. The grievance of the petitioner is that without furnishing a copy of the report said to have been given by the R.D.O., Erode, the first respondent has passed the impugned order against him.

4. Therefore, the learned counsel for the petitioner would submit that after furnishing a report of the R.D.O., Erode, and after hearing the petitioner, fresh order can be passed.

5. Heard the learned Government Advocate. He would submit that the petitioner will be furnished a copy of the report of the R.D.O., Erode and after hearing the petitioner, fresh order will be passed.

6. In view of the submission made, the impugned order dated 27.4.2016 is set aside and the first respondent is directed to furnish a copy of the report of R.D.O., Erode, based on which the impugned order was passed, within a period of two weeks from the date of receipt of a copy of this order, to the petitioner and after affording an opportunity of hearing to the petitioner, pass appropriate orders within a period of two weeks there from. The respondents are restrained from affording retirement and relieving the petitioner from service till then. Accordingly, the Writ Petition is disposed of. No costs. The connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Joint Director of School Education (Personnel) College Road, Chennai - 600 006.

2.The Commissioner for Revenue Administration, Chepauk, Chennai - 600 005.

3.The Chief Educational Officer, Erode District, Erode.

4.The Revenue Divisional Officer, Erode, Erode District.

+1cc to Mr.R.Saseetharan, Advocate sr.28806 +1cc to the Government Pleader Sr.28805 W.P.No.18370 of 2016 and WMP No.16068 of 2016 sns(CO) srg(27/05/2016)