Writ appeal by State education authorities against a writ petition allowing a teacher's date-of-birth correction and consequential salary and pensionary benefits. The Division Bench found the civil suit decree bound the department, held the correction application was filed within five years, confirmed the writ order and dismissed the appeal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.A.(MD)No.1229 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 14.02.2025
CORAM:
THE HONOURABLE MRS JUSTICE J. NISHA BANU and THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.A(MD)No.1229 of 2024 and C.M.P.(MD)No.9405 of 2024
... Appellants
Vs.
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National Higher Secondary School, Sathankulam, Tuticorin District.
7.The Revenue Divisional Officer, Tiruchendur, Thoothukudi District.
... Respondents
Prayer : Writ Appeal filed under Clause 15 of the Letter Patent against the order of this Court in W.P.(MD).No.14406 of 2020, dated 05.04.2023.
For Appellants :Mr.J.Ashok Additional Government Pleader For R1 :Mr.G.Prabhu Rajadurai For R2 :Mr.P.Gunasekaran For R3 to R4 :Mr.T.A.Ebenezar For R5 to R7 :M/s.D.Farjana Ghoushia Special Government Pleader
JUDGMENT
(Judgment of the Court was delivered by S.SRIMATHY, J. )
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The present writ appeal is filed by the respondents 1,2 and 3, 4 in the writ petition against the order dated 05.04.2023, passed in W.P.(MD).No.14406 of 2020.
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was wrongly entered as 24.03.1956. The petitioner was appointed as a Post Granulate teacher on 18.06.1966 in Samariah St.John's Higher Secondary Scohool, Thisayanvilai. After entering the service immediately the writ petitioner had submitted a representation on 26.09.1996 to the correspondent of the Samariah St.John's school seeking to alter the correct date of birth. Subsequently, the petitioner was transferred to the 6th respondent school on 03.06.1997. Since there was no response, the petitioner has issued legal notice on 23.02.1998. Since none of the respondents came forward to rectify the said mistake of wrong date of birth in the records, the petitioner
had filed suit in O.S.No.311 of 1998 on the file of Principal District Munsif Court, Thiruchendur seeking declaration and mandatory injunction. The said suit was subsequently transferred to District Munsif, Sathankulam and renumbered as OS.47 of 2001. After an elaborate trial, the suit was decreed on 29.01.2010 and the date of birth was declared as 14.09.1958 and direction was issued. The respondents have not preferred any appeal and the same has attained finality. Since the judgment was not implemented, the petitioner has submitted representations on 02.08.2010, 24.08.2010, 26.09.2011 and also sent legal notice on 15.03.2012. Thereafter the petitioner had filed W.P.(MD)1900 of 2014, inter alia praying for Mandamus to
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correct the date of birth. In M.P.No.1 of 2014 in W.P.(MD)No.1900 of 2014, the Hon'ble Court restrained the respondents from relieving the petitioner from service. Based on the interim order, the petitioner was permitted to continue the work but without salary and she had completed her service until superannuation on 13.06.2016. The petitioner prayed for reemployment till the end of academic year i.e., 31.07.2017 but the same was not granted. Again, the petitioner filed a writ petition in W.P.(MD)No.18549 of 2016, with the prayer to grant extension and re-employment till 31.07.2017. And based on the interim order, the petitioner continued reemployment service. Thereafter, the said petition was disposed of with certain directions. The writ petition in WP.(MD)No.1900 of 2014 was also disposed of with directions. Based on the direction, the petitioner submitted detailed representation for changing the date of birth. But the respondents had rejected the prayer vide order dated 28.05.2020 and 06.02.2020 and the same was challenged in the present writ petition. The respondents are also filed detailed counter in the writ petition. After elaborately considering the prayer of the writ petitioner, the Writ Court had allowed the writ petition and directed the respondents to change the date of birth in the service records and also directed to grant all the benefits. Aggrieved over the same, the present writ
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appeal is filed.
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school and applied for SSLC public examination. The petitioner has submitted an application on 02.08.2010 and the same is submitted after lapse of so many years. Therefore, the writ petitioner has submitted belated application beyond 5 years and the said application cannot be considered.
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From the above facts it is evident that the 1st respondent had received an application on 23.09.1998, which is well within 5 years period which is the time prescribed to change the date of birth. Therefore, this Court is of the considered opinion that the application was submitted within five years from the date of joining the service.
Index : Yes / No
Tmg
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To
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J.NISHA BANU, J. and S.SRIMATHY, J.
Tmg
W.A(MD)No.1229 of 2024
14.02.2025
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2 issues framed by the court
Whether the writ petitioner's application to correct her date of birth was submitted within five years of joining service.
Whether the writ court's direction to correct the date of birth and grant attendant monetary benefits was sustainable.
2 provisions across 2 enactments
The State of Tamil Nadu, represented by its Secretary to Government, Education Department
The Director of School Education
The Chief Educational Office, Tuticorin District
The District Educational Officer (Higher Secondary Schools), Tiruchendur
C. Bai
The Account General (A&E)
J. NISHA BANU
S. SRIMATHY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
