Tmt.M.Lalitha v. The Principal Commissioner And
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.01.2024
CORAM
THE HONOURABLE Ms.JUSTICE R.N.MANJULA W.P. No.12484 of 2020 M.Lalitha ...
Petitioner /vs/
1. The Principal Commissioner and Revenue Administration Officer, Revenue Administration and Disaster Administration Disaster Audit Department, Chepauk, Chennai - 600 005
2. The District Collector, Dharmapuri District.
3. The Sub Collector / Revenue Divisional Officer, Dharmapuri Division, Dharmapuri District.
4. The Tahsildar, Dharmapuri, Dharmapuri District.
... Respondent Writ Petition is filed under Article 226 of the Constitution of India to issue a writ of mandamus directing the respondents to correct the date of birth of the petitioner as 21.07.1975 instead of 27.07.1971 found place in
her service records based on the recommendation made by the fourth respondent vide proceedings in Na.Ka.No.5720/14/C1 dated 20.01.2016 by considering the petitioner's representation dated 03.11.2010. For Petitioner ... Mr.B.Gopalakrishnan For Respondents ... Mr.T.Rajendran Additional Govt. Pleader
ORDER
The petitioner has filed this writ petition seeking a writ of mandamus directing the respondents to correct her date of birth as 21.07.1975 instead of 27.07.1971 based on the recommendation made by the fourth respondent vide proceedings in Na.Ka.No.5720/14/C1 dated 20.01.2016 by considering her representation dated 03.11.2010.
2. Mr.B.Gopalakrishnan, the learned counsel for the petitioner, submitted that the petitioner claims that his date of birth has been wrongly mentioned in his Service Register, has given a representation on 03.11.2010 to the respondents to revise his date of birth as 21.07.1975 in his Service Register; subsequently, the second and third respondent
directed the fourth respondent to conduct an enquiry about the petitioner's birth certificate and submit a report in this regard; the fourth respondent also conducted the enquiry and submitted his report in proceedings in Na.Ka.No.5720/14/C1 dated 20.01.2016 by stating that the petitioner's claim of correction in date of birth is genuine and recommended to correct his date of birth; despite the same, the respondents 1 to 3 did not come forward to correct the petitioner's date of birth in the Service Register. 2.1 As per Tamil Nadu Service and Subordinate Rules, if an employee wants to correct their date of birth in the Service Records, it should be made within a period of five years from the date of joining the service; since the respondents failed to rectify his date of birth despite the recommendation of the fourth respondent dated 20.01.2016, the petitioner has filed this writ petition.
3. Considering the facts and circumstances of the case, this Court directs the respondents to reconsider the petitioner's representation dated 03.10.2010 and pass orders afresh, within a period of four weeks from the
date of receipt of a copy of this order.
4. With the above direction, this Writ Petition is disposed. No costs. 03.01.2024 Index: Yes / No Speaking order / Non-speaking order bkn
To:
1. The Principal Commissioner and Revenue Administration Officer, Revenue Administration and Disaster Administration Disaster Audit Department, Chepauk, Chennai - 600 005
2. The District Collector, Dharmapuri District.
3. The Sub Collector / Revenue Divisional Officer, Dharmapuri Division, Dharmapuri District.
4. The Tahsildar, Dharmapuri, Dharmapuri District.
R.N.MANJULA ,J.
bkn 03.01.2024