A retired Steno typist sought alteration of her date of birth in service records to extend service and obtain monetary benefits, relying on a 1982 civil decree. The writ appeal against rejection of that claim was dismissed, confirming the writ court's order.
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W.A.No.1459 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.06.2024
CORAM
THE HONOURABLE Mr.JUSTICE S.M.SUBRAMANIAM
AND
THE HONOURABLE Mr.JUSTICE C.KUMARAPPAN
W.A.No.1459 of 2021
and
CMP.No.9099 of 2021
A.Kalpanadevi
... Appellant
Vs.
... Respondents
Prayer: Writ Appeal filed under Clause 15 of Letters Patent praying to set aside the order dated 11.09.2020 made in W.P.No.12495 of 2013.
1/4
For Appellant : Mr.M.Ilansezhiyan
For Respondents : No Appearance ***** J U D G M E N T
W.A.No.1459 of 2021
[Judgment of the Court was delivered by S.M.SUBRAMANIAM, J. ]
The appellant herein was appointed as Steno typist on 08.11.1982 in
the office of the Appellate Assistant Commissioner, Commercial Taxes, Coimbatore. Admittedly, she retired from service on 30.04.2013. The appellant submitted an application seeking alteration of date of birth in her service records. However, the respondents have not considered the same. Thus, she filed the writ petition seeking alteration of date of birth by altering the same as 02.04.1959 instead of 11.04.1955. In support of the application, the appellant submitted a decree passed in O.S.No.297 of 1982. Based on the said decree, the appellant claimed that she must be deemed to be in service upto 02.04.2017 and monetary benefits is to be granted. The Writ Court considered the issues and dismissed the writ petition.
W.A.No.1459 of 2021
vigilantly during the relevant point of time. The writ petition was instituted in the year 2013 and she attained the age of superannuation on 30.04.2013 and retired from service. Now, the petitioner at this length of time cannot seek alteration of date of birth in her service records for the purpose of securing monetary benefits. The petitioner served upto her date of retirement on 30.04.2013 and received all her retiral benefits. That being the factum, we do not find any infirmity in respect of the order passed by the Writ Court and consequently, stands confirmed.
[S.M.S., J.] [C.K., J.] 10.06.2024
kmi Index : Yes Speaking order : Yes Neutral Citation : Yes/No
W.A.No.1459 of 2021
S.M.SUBRAMANIAM, J. and C.KUMARAPPAN, J.
kmi
W.A.No.1459 of 2021
10.06.2024
1 issue framed by the court
Whether an employee can seek alteration of her date of birth in service records at the fag end of service to secure extension and monetary benefits.
1 provisions across 1 enactments
A.Kalpanadevi
Special Commissioner and Commissioner of Commercial Taxes Chepauk, Chennai-5
Director of School Education, College Road, Chennai
District Education Officer Pollachi
The Principal, Municipal Girls Higher Secondary School, Kottur Road, Pollachi
The Appellate Deputy Commissioner Commercial Taxes, Pollachi
S.M.Subramaniam
C.Kumarappan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
