M. Angamuthu v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.08.2015

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)No.15061 of 2015 and M.P.(MD) No. 1 of 2015 M.Angamuthu ... Petitioner Vs.

1.The Managing Director, Tamilnadu Minerals Ltd., 31, Kamarajar Salai, Chepauk, Chennai - 5.

2.The Manager, Tamilnadu Minerals Ltd., Sivakangai .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus to call for the records relating t the proceedings of the first respondent in Na.Ka.No.11693/E1/14 dated 16.07.2015, quash the same and consequently direct the first respondent to alter the age in the petitioner's service records based on his representation dated 23.07.2015 within the time limit that may be stipulated by this Court.

For Petitioner ...

Mr.G.M.Xavier For Respondents...

Mr.K.P.Krishnadoss Government Advocate

O R D E R

This Writ Petition has been filed by Angamuthu challenging the impugned order dated 16.07.2015 issued by the Managing Director of Tamilnadu Minerals Ltd in Na.Ka.No.11693/E1/14 dated 16.07.2015 and to quash the same and for further direction to the first respondent to alter the age of the petitioner in service record based on the representation dated 23.07.2015.

2. By consent, this Writ Petition is taken up for final disposal at the stage of admission itself.

3.Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondents.

4. The petitioner joined service in the first respondent management on 13.01.1988 as Mines Foreman. However, after rendering few years of services, he came to know that his date of birth has been wrongly mentioned in the service register. Therefore, he has submitted letters to the first respondent dated 31.10.1989 and 29.04.1991 https://hcservices.ecourts.gov.in/hcservices/

requesting the first respondent to alter the date of birth as 29.10.1961 instead of 15.04.1960. But the respondent failed to consider the said letters. Therefore, two other letters were given on 25.07.2011 and 19.02.2013 again requesting the first respondent to alter his age in all his service records. But finally, the respondent passed the impugned order stating that the petitioner has failed to submit his representation within 5 years from the date of entry into service. The learned counsel therefore prays that the impugned order is liable to be set aside since the petitioner's previous letters during the first five years have not been considered.

5.The learned counsel for the petitioner in support of his submission to interfere with the impugned order submitted before this Court that even though the petitioner has submitted the letters dated 31.01.1989, 29.04.1991, 25.07.2011 and 19.02.2013, all the letters have been ignored by the first respondent.

6.This Court is not able to see any merit in this contention of the learned counsel for the petitioner for the reason that there is no proof for his previous letters mentioned above were received by the first respondent and the petitioner has not produced any postal acknowledge card for the previous letters. In the typed set of papers, the petitioner has produced only one postal acknowledge card dated 27.07.2015, which is not the proof for sending the said letters.

7. Hence, this Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- The Assistant Registrar(Per.Admn) /True copy/ Sub-Assistant Registrar To 1.The Managing Director,Tamilnadu Minerals Ltd.,31, Kamarajar Salai,Chepauk,Chennai - 5.

2.The Manager,Tamilnadu Minerals Ltd.,Sivakangai +1cc to Mr.G.M.Xavier, Advocate SR.No.10077 +1cc to the special Government Pleader SR.No.48568 ses sm:GSV-PM:07.10.2015:2P/5c W.P.(MD)No.15061 of 2015 and M.P.(MD) NO. 1 of 2015 21.08.2015 https://hcservices.ecourts.gov.in/hcservices/