Arumugam K v. Village Administrative Officer (Vao)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.07.2025
CORAM
THE HONOURABLE MR.JUSTICE C.KUMARAPPAN Arumugam K ... Petitioner Vs.
1.Village Administrative Officer (VAO), Alavaipatti Village, Rasipuram Taluk, Namakkal District 637 408.
2.The Revenue Divisional Officer, Rasipuram Division, Namakkal District 637 408.
3.The Tahsildar, Taluk Office, Rasipuram, Namakkal District 637 408.
... Respondents Prayer:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the third respondent - the Tahsildar, Rasipuram - to immediately consider and act upon the direction dated 21.03.2025 issued by the second respondent and the subsequent favourable fact finding report submitted by the 1st Village Administrative Officer (VAO), Alavaipatti Village - wherein the petitioner's actual date of birth has been affirmed as 03.09.1970 based on SSLC and Birth Certificate, and consequently issue necessary orders 1/5
to correct the petitioner's date of birth in the official service register from 03.01.1967 to 03.09.1970, and extend all consequential benefits including extension of service, revised date of retirement, eligibility for full terminal benefits, recalculated pension, gratuity and all lawful entitlements.
For Petitioner : Mr.K.Shahul Hameed For Respondents : Mr.R.U.Dinesh Rajkumar Additional Government Pleader
O R D E R
Mr.R.U.Dinesh Rajkumar, learned Additional Government Pleader takes notice on behalf of the respondents. By consent, the writ petition is taken up for final disposal at the admission stage itself. 2.The petitioner has filed this writ petition seeking issuance of Writ of Mandamus directing the third respondent to immediately consider and act upon the direction dated 21.03.2025 issued by the second respondent and the subsequent favourable fact finding report submitted by the Village Administrative Officer (VAO), Alavaipatti Village - wherein the petitioner's actual date of birth has been affirmed as 03.09.1970 based on SSLC and Birth Certificate, and consequently issue necessary orders to correct the petitioner's date of birth in the official service register from 03.01.1967 to 03.09.1970, and extend all consequential benefits including extension of service, revised date of 2/5
retirement, eligibility for full terminal benefits, recalculated pension, gratuity and all lawful entitlements.
3.The learned counsel appearing for the petitioner would submit that though his Secondary School Leaving Certificate and Birth Certificate contain his date of birth as 03.09.1970, it was wrongly entered in the service register as 03.01.1967. It is the specific submission of the learned counsel appearing for the petitioner that such wrong entry is nothing but inadvertent mistake which has to be corrected in accordance with the Secondary School Leaving Certificate. In this connection the petitioner has given representation on 17.03.2025 and such representation is pending with the respondents. 4.
However, the learned Additional Government Pleader would vehemently contend that the instant representation cannot be considered at the end of the career of the petitioner and it is his further submission that in accordance with Section 59 of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016, any such alteration has to be given within a period of three years. However, he submitted that the respondents would consider the petitioner's representation within a reasonable time frame.
5.In such view of the submission, without going into the merits of the writ petition, this Court directs the respondents to consider the above representation of the petitioner upon its own merits and in accordance with law and pass orders within a period of four weeks from the date of receipt of a copy of this order. 6.The writ petition is disposed of. No costs. 08.07.2025 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No To 1.Village Administrative Officer (VAO), Alavaipatti Village, Rasipuram Taluk, Namakkal District 637 408.
2.The Revenue Divisional Officer, Rasipuram Division, Namakkal District 637 408.
3.The Tahsildar, Taluk Office, Rasipuram, Namakkal District 637 408.
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C.KUMARAPPAN,J.
pri 08.07.2025 5/5