Chinnarani. M v. The Director Of Medical Administration

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.11.2023

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR M.Chinnarani ... Petitioner Vs.

1.The Director of Municipal Administration, Municipal Administration Directorate, 75, Municipal Administration Building, Santhome Highways, M.R.C.Nagar, Raja Annamalaipuram, Chennai.

2.The Commissioner, Pudukottai Municipality, Pudukottai.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 2nd respondent to take necessary action based on the representation of the petitioner, dated 09.10.2023 praying for alternation of Date of Birth as 25.04.1964 instead 01.07.1964 within a stipulated time as fixed by this Court and pass appropriate orders in accordance with law. 1/5

For Petitioner : Mr.N.Ananda Kumar For R1 : Mr.S.Shaji Bino Special Government Pleader For R2 : Mr.S.Kameswaran Standing Counsel

ORDER

The present writ petition has been filed by a Sanitary Supervisor working in the 2nd respondent Municipality seeking a Mandamus to alter her date of birth.

2. According to the learned counsel appearing for the petitioner, the petitioner was appointed on 05.07.1990 as Sweeper and later, she was promoted as Office Assistant and on 09.10.2009, she was promoted as Sanitary Supervisor.

3. According to the Service Register maintained by the department, her date of birth is 01.07.1964. However, as per the Birth Certificate, her correct date of birth is 25.04.1964. Hence, she has sent a representation on 09.10.2023 to the authorities to incorporate the correct date of birth, so that no issues relating to her terminal benefits arises at 2/5

the time of her superannuation. This request has not been considered by the authorities. Hence, the present writ petition has been filed.

4. The apprehension on the part of the writ petitioner is that since her correct date of birth is available through the Birth Certificate, the authorities may raise some disputes at the time of her superannuation and her terminal benefits are likely to be stopped. Only on the said apprehension, the present writ petition has been filed.

5. However, this Court finds that the petitioner has joined duty on 05.07.1990 and has sought to alter her date of birth on 09.10.2023. Therefore, it is clearly after a period of so many years from the date of joining in service, that too at the fag end of her service. In such view of the matter, the petitioner would not be entitled to alter her date of birth. Therefore, even assuming the correct date of birth is 25.04.1964, the date of birth entered in the Service Register alone should be taken into consideration by the authorities and appropriate orders may be passed at the time of superannuation.

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6. With this clarification, this Writ Petition stands disposed of. No costs. 09.11.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No gbg To 1.The Director of Municipal Administration, Municipal Administration Directorate, 75, Municipal Administration Building, Santhome Highways, M.R.C.Nagar, Raja Annamalaipuram, Chennai.

2.The Commissioner, Pudukottai Municipality, Pudukottai.

R.

VIJAYAKUMAR ,J.

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gbg Order made in Dated:

09.11.2023 5/5