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2008 Supreme(Mad) 606

K.CHANDRU, P.K.MISRA
Sivakalai Muthu – Appellant
Versus
The State of Tamil Nadu, rep. by its Secretary to Govt & Others – Respondent


Advocates Appeared:
For the Petitioner:M. Muthappan, Advocate.
For the Respondents: S. Rajasekar Addl. Govt. Pleader.

Judgment :-

P.K. Misra, J.

Heard the learned counsel appearing for the parties.

2. The primary issue relates to the question of alteration of date of birth of a person in Government employment. The petitioner entered into the Government service on 16. 1963. At that time, his date of birth was shown as 19. 1939 in the service records. Subsequently, the petitioner filed O.S.No.313 of 1992 before the learned District Munsif, Kulithalai, for declaration that his correct date of birth is 27. 1941 and consequently, for alteration in the service register indicating such correct date of birth. In the said suit, the State Government as well as the Deputy District Educational Officer, Karur, were impleaded as defendants. The civil Court accepted the contention of the petitioner and decreed the suit on 211. 1993. As is the wont in many such matters, the proposal for filing appeal was initiated much after the disposal of the suit and ultimately, the appeal was filed with delay of 605 days. The I Appellate Court, Kulithalai, predictably did not condone the delay and accordingly, the appeal was dismissed on 13. 1996 on the ground of limitation. At that stage, the then Special Government Pleader































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