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1995 Supreme(SC) 68

K.RAMASWAMY, SUHAS C.SEN
Collector Of Madras – Appellant
Versus
K. Rajamanickam – Respondent


Advocates:
A.MARIAPUTHAM, S.SRINIVASA VARMA

Order

1. Leave granted.

2. Admittedly, the respondent entered into service in 1958 showing his date of birth as 15-1-1935. He claims to have made an application for correction of the date of birth on 17-4-1986 which was ultimately rejected in the proceedings of the Collector dated 25-1-1993. Thereafter the respondent filed the petition on 27-1-1993 before the Tribunal. He attained superannuation as per the original entry in the records on 31-1-1993. The Tribunal, by its order dated 23-11-1993, while holding that his correct date of birth is 12-1-1936, directed the appellant to continue the respondent in service for a period of one year. That order is now under challenge. It is beyond comprehension to believe at the belated stage the horoscope evidence or oral statements. The school register was available when he entered into service which was recorded on the basis of the entries in the SSLC register. Volumes could be spelt out of the authenticity of the present alleged entries in the school register or TC.

3. The meat of the matter is that the respondent had attained superannuation on 31-1-1994 even on his own date of birth as contended for. As a fact, he was superannuated on 31-1-199


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