T THIRUCHULI Vs. DISTRICT COLLECTOR AND ORS
LAWS(MAD)-2013-7-374
HIGH COURT OF MADRAS
Decided on
July 30,2013
T Thiruchuli
Appellant
VERSUS
District Collector And Ors
Respondents
Referred Judgements :-
ISHWAR SINGH V. STATE OF U.P. [REFERRED]BRIGHT BROTHERS (P) LTD. V. J.K. SAYANI [REFERRED]
GOVERNMENT OF TAMIL NADU VS. THIRUPATHY [REFERRED]
DELHI MUNICIPALITY V. TEK CHAND [REFERRED]
GOPINDER SINGH V. FOREST DEPARTMENT OF HIMACHAL PRADESH [REFERRED]
SECRETARY & COMMISSIONER,HOME DEPARTMENT AND OTHERS V. R. KIRUBAKARAN [REFERRED]
COMMISSIONER AND DIRECTOR OF SURVEY AND SETTLEMENT V. C.V. VARADHARAJAN [REFERRED]
P.P. SENNIAPPA CHETTIAR AND SONS V. REGIONAL PROVIDENT FUND COMMISSIONER,ROYAPETTAH & ANOTHER [REFERRED]
STATE OF GUJARAT V. VALI MOHMED DOSABHAI SINDHI [REFERRED]
GOVERNMENT OF TAMIL NADU VS. J.RAMASAMY [REFERRED]
K.V.KALIAPPAN VS UNIVERSITY OF MADRAS [REFERRED]
STATE OF ASSAM VS. DAKSHA PRASAD DEKA [REFERRED]
GOVERNMENT OF ANDHRA PRADESH VS. M HAYAGREEV SARMA [REFERRED]
DIRECTOR OF TECHNICAL EDUCATION VS. K SITADEVI [REFERRED]
EXECUTIVE ENGINEER BHADRAK RANDB DIVISION ORISSA VS. RANGADHAR MALLIK [REFERRED]
UNION OF INDIA VS. HARNAM SINGH [REFERRED]
SECRETARY AND COMMISSIONER HOME DEPARTMENT VS. R KIRUBAKARAN [REFERRED]
SECRETARY AND COMMISSIONER HOME DEPARTMENT VS. R KIRUBAKARAN [REFERRED]
STATE OF ORISSA VS. BRAHAMARBAR SENAPATHI [REFERRED]
STATE OF TAMIL NADU VS. TV VENUGOPALAN [REFERRED]
CHIEF MEDICAL OFFICER VS. KHADEER KHADRI [REFERRED]
UNION OF INDIA OTHERS VS. KANTILAL HEMATRAM PANDYA [REFERRED]
BURN STANDARD COMPANY LIMITED VS. DINABANDHU MAJUMDAR [REFERRED]
BURN STANDARD COMPANY LIMITED VS. DINABANDHU MAJUMDAR [REFERRED]
COMMISSIONER OF POLICE BOMBAY VS. BHAGWAN V LAHANE [REFERRED]
STATE OF ORISSA VS. RAMANATH PATNAIK [REFERRED]
STATE OF UTTARANCHAL VS. PITAMBER DUTT SEMWAL [REFERRED]
MITHILESH SINGH VS. UNION OF INDIA [REFERRED]
STATE OF UTTAR PRADESH VS. GULAICHI [REFERRED]
DEORAJ SHA VS. NATIONAL JUTE MANUFACTURERS CORPN. LTD. AND OTHERS [REFERRED]
JUDGEMENT
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(1.)By the impugned order, dated 03.07.2013, the District Collector, Virudhunagar District, has rejected the request of the petitioner for alteration of date of birth and further stated that for the reasons contained in the said order, dated 03.07.2013, the application cannot be forwarded to the Government.
(2.)According to the petitioner, he was born on 10.11.1956 and that the same was registered with the Sub Registrar, Srivilliputhur, on 13.11.1956 and that the same was also certified by the concerned Village Administrative Officer and the Tahsildhar, Srivilliputhur, Virudhunagar District, vide proceedings, dated 01.07.2013. When he joined in the school, the date of birth has been wrongly mentioned as 19.12.1955, instead of 10.11.1956. The petitioner has joined in the Government Service on 07.09.1978 and the date of birth mentioned in the Transfer Certificate was carried forward in the service register. On 31.10.1982, he was promoted as Van Driver, vide Proceedings in Roc.No.J5/107365/82. When the petitioner's employer informed him that he was due to attain the age of superannuation on 31.12.2013, only then he came to know that the date of birth has been wrongly entered in the service register. In the abovesaid circumstances, he made a representation to the District Collector, Virudhunagar District, through the Block Development Officer (Village Panchayat), Rajapalayam, to correct the date of birth in the service register. Pursuant to the above, the Block Development Officer (Village Panchayat), Rajapalayam, has also sent a proposal in Roc.No.A1/1409/2013, dated 14.06.2013, to the District Collector (Panchayat Development), Virudhunagar, requesting appropriate orders to be obtained from the Government, as a special case. However, after considering the said proposal, the District Collector (Village Panchayats), Virudhunagar District, has rejected the request of the petitioner on the ground that any application for alteration of date of birth ought to have been submitted within five years from the date of entry in the service, along with school records and also the statements of two persons from the village, in which the applicant was born and that the said application should also be enclosed with a certificate that no other child was born on the date claimed by the applicant. So saying, the District Collector (Panchayat Development), Virudhunagar, has refused to forward the application to the Government.
(3.)Assailing the correctness of the order, learned counsel for the petitioner submitted that due to ignorance, the petitioner did not submit the application for alteration of date of birth within five years from the date of entry into the service and that the same need not be put against him, when the petitioner has produced the evidence to substantiate his original date of birth as 10.11.1956. Violation of principles of natural justice is also raised as one of the grounds of challenge.
(2.)According to the petitioner, he was born on 10.11.1956 and that the same was registered with the Sub Registrar, Srivilliputhur, on 13.11.1956 and that the same was also certified by the concerned Village Administrative Officer and the Tahsildhar, Srivilliputhur, Virudhunagar District, vide proceedings, dated 01.07.2013. When he joined in the school, the date of birth has been wrongly mentioned as 19.12.1955, instead of 10.11.1956. The petitioner has joined in the Government Service on 07.09.1978 and the date of birth mentioned in the Transfer Certificate was carried forward in the service register. On 31.10.1982, he was promoted as Van Driver, vide Proceedings in Roc.No.J5/107365/82. When the petitioner's employer informed him that he was due to attain the age of superannuation on 31.12.2013, only then he came to know that the date of birth has been wrongly entered in the service register. In the abovesaid circumstances, he made a representation to the District Collector, Virudhunagar District, through the Block Development Officer (Village Panchayat), Rajapalayam, to correct the date of birth in the service register. Pursuant to the above, the Block Development Officer (Village Panchayat), Rajapalayam, has also sent a proposal in Roc.No.A1/1409/2013, dated 14.06.2013, to the District Collector (Panchayat Development), Virudhunagar, requesting appropriate orders to be obtained from the Government, as a special case. However, after considering the said proposal, the District Collector (Village Panchayats), Virudhunagar District, has rejected the request of the petitioner on the ground that any application for alteration of date of birth ought to have been submitted within five years from the date of entry in the service, along with school records and also the statements of two persons from the village, in which the applicant was born and that the said application should also be enclosed with a certificate that no other child was born on the date claimed by the applicant. So saying, the District Collector (Panchayat Development), Virudhunagar, has refused to forward the application to the Government.
(3.)Assailing the correctness of the order, learned counsel for the petitioner submitted that due to ignorance, the petitioner did not submit the application for alteration of date of birth within five years from the date of entry into the service and that the same need not be put against him, when the petitioner has produced the evidence to substantiate his original date of birth as 10.11.1956. Violation of principles of natural justice is also raised as one of the grounds of challenge.
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