The High Court dismissed a writ petition seeking correction of the petitioner's date of birth from 08.10.1950 to 1.6.1963 based on a 1998 medical certificate. The court held that as the petitioner reached superannuation by force of the Service Register date and produced no other acceptable proof, the petition failed.
Petition dismissed; no costs awarded.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.03.2019
CORAM:
THE HONOURABLE MR. JUSTICE T.RAJA W.P.No.25735 of 2008
R.Parvathi
... Petitioner
Vs
Prayer: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to permit the petitioner to continue in service beyond 31.10.2008 until 31.5.2023 i.e. the date of her attaining the age of superannuation by correcting the date of birth of the petitioner as on 1.6.1963 as per Medical Certificates and to grant her all consequential benefits and direct the respondents to desist from retiring her from service prematurely, prior to the year 2021 on the basis of incorrect entry made in her Service Register without any basis.
O R D E R
This Writ Petition has been filed seeking to issue a Writ of Mandamus, directing the respondents to permit the petitioner to continue in service beyond 31.10.2008 until 31.5.2023 i.e. the date of her attaining the age of superannuation by correcting the date of birth of the petitioner as on 1.6.1963 as per Medical Certificates and to grant her all consequential benefits and for further direction, directing the respondents to desist from retiring her from service prematurely, prior to the year 2021 on the basis of incorrect entry made in her Service Register without any basis.
Centre, Panchayat Union Elementary School, Ramagoundanur, Mallamoopampatty Panchayat, Salem Panchayat Union, on 29.6.1994. She also joined duty on 1.7.1994. It is further stated that at the time of joining the service in June 1994, her age was only 30 years. Subsequently, in the year 1998, the Panchayat Union Commissioner, Salem, while opening the Service Book for the petitioner, directed her to produce proof with regard to her age as there was no other authenticated record to prove her date of birth was available. Accordingly, the petitioner produced a Medical Certificate dated 5.10.1998 from one Dr.R.Mohan, Salem certifying that her age as 35 years as on that date before the Panchayat Union Commissioner, Salem and her Service Register was opened and her signature was also obtained. Therefore, she was made to believe that her age would be entered on the basis of the Medical Certificate dated 05.10.1998. Therefore, as per the Medical Certificate dated 05.10.1998 claiming that her age as on the said date is 35 years, she cannot be allowed to retire on 31.10.2008 citing that she has reached the age of superannuation of 58 years as she was only 45 years. However, the petitioner applied for copies of her Service Register first page and Medical Certificate issued to her under the Right to Information Act, on 25.9.2008.
Sd/-
Assistant Registrar(CS iv)
//True Copy//
Sub Assistant Registrar
tsi
To
1. The District Collector,
Salem District, Salem.
2. The Panchayat Union Commissioner,
Salem Panchayat Union, Salem.
+1cc to Mr.M.Ravi , Advocate SR.No. 21847
+1 cc to Government Pleader SR.NO. 21542
W.P.No.25735 of 2008
A.SK(04/04/2019)
3 issues framed by the court
Whether the petitioner is entitled to continue in service beyond 31.10.2008 by correcting her date of birth to 1.6.1963 based on a medical certificate issued in 1998.
Whether the entry of date of birth as 08.10.1950 in the Service Register is acceptable in absence of newer birth proof despite the petitioner producing a medical certificate from 1998.
Whether a writ of mandamus should be issued directing the respondents to desist from retiring the petitioner prematurely.
1 provisions across 1 enactments
R. Parvathi
District Collector, Salem District
Panchayat Union Commissioner, Salem Panchayat Union, Salem
T. Raja
As recorded by the court registry
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