M.Karpagavinayagam, J.: The question involved in this writ petition is whether Adimoolam, the second respondent herein is entitled to ask for correction of his date of birth as 8.6.1940 instead of 12.9.1938 which was according to him wrongly entered in his service record at the time when he had joined service.

2. The facts in brief are as follows:

Adimoolam, the second respondent herein joined the cadre of Police Constable on 1.7.1964. At the time of joining, his date of birth was entered in the Service Register as 12.9.1938. In the year 1979, he was issued with a memo directing him to appear before the Office of the Inspector General of Police for appending his signature in the service register. The second respondent refused to sign in the Service Register as he found that wrong entries have been made in regard to the native place, father’s name and date of birth and he sent his representation. On 5.11.1981, he was issued with another memo directing him to appear before the I.G. Office to append his signature. When he found that mistake was not rectified, he refused to sign. Again he sent a representation to the I.G. Office to rectify the mistake. There was no response. On 12.12.1991, he gave representation for rectification. On 24.2.1992, he got a reply from the I.G. Office that the alteration in the date of birth is not possible because alteration could be made only within five years from the date of entry into service. It was further directed through the memo that he could approach the Court and obtain necessary order for alteration of the date of birth. Thereafter, in the year 1996, he filed a Civil Suit before the Civil Court, Pondicherry, for a direction to correct the date of birth. Pending suit, on on 25.7.1996, he received a memo from the I.G. Office that he is attaining the age of superannuation from service on 30.9.1996 on the basis of the date of birth entered in the Service Register. On 6.8.1996, he gave representation requesting the authorities to correct the date of birth and to allow him to continue in service till his actual superannuation. There was no reply. He withdrew the suit and filed an application in O.A.No.855 of 1996 before the Tribunal seeking for the calling of the records relating to the impugned order dated 25.7.1996 and quash the same on the ground that he had not given particulars of date of birth, etc. to the Department at the time of joining service and the Department itself had wrongly entered in the Service Register and to direct the authorities to correct the date of birth as 8.6.1940 instead of 12.9.1938 and allow him to continue in service.

3. This application was contested by the Office of the Inspector General of Police contending that the entries in the Service Register were made at the time when he joined service only on the basis of the information furnished by the applicant. Despite the memos issued directing to append his signature in the Service Register in 1979 and 1981, he had not done the same. He never made any representation for rectification in the years 1979 and 1981. Originally, he went to the Civil Court. After withdrawal of the suit, he filed the application before the Tribunal. His claim cannot be sustained, as the request for alteration of his date of birth after five years of joining service is not permissible under law.

4. Having considered the contentions of respective parties, the Tribunal allowed the application and directed the Department to enter the date of birth of the applicant as 8.6.1940 and to give consequential reliefs as prayed for. This order dated 25.7.1996 passed by the Tribunal is challenged in this writ petition filed by the Department through the Union of India, represented by the Chief Secretary to Government, Pondicherry, before this Court.

5. Mr.T.Murugesan, learned Government Pleader, Pondicherry would submit that the order under challenge would be against the principles laid down by the Supreme Court rendered in various decisions and the Tribunal

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