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1997 Supreme(Mad) 312

S.S.SUBRAMANI
Government of Tamil Nadu by the Secretary to Government – Appellant
Versus
D. Thirupathy – Respondent


Advocates Appeared:
For the Petitioners:K. Elango, Government Advocate.
For the Respondent: R. Shanmugham.

Judgment :-

1. Defendants in O. S. No. 9382 of 1978, on the file of IX Assistant Judge, City Civil Court, Madras are the Appellants.

2. Suit filed by plaintiff was to declare that the alteration made by the District Police Office, Chengalpattu, in the date of birth of the plaintiff in the Service Register from 1-4-1925 to 1-4-1921, without notice to plaintiff, is irregular, unauthorised, not valid in law and not binding on plaintiff. As a consequence, a further relief is also sought for in the nature of permanent prohibitory injunction from restraining the defendants from retiring the plaintiff from service on the basis of the said illegally altered date of birth. Costs of the suit is also sought to be recovered.

3. The material averments in the plaint are as follows:—

On the date of suit, plaintiff was working as Sub Inspector of Police in the Prohibition Intelligence Bureau, at Madras. He was enlisted as a Constable in the Police Force of the then Madras State Government on 1-11-1941. At the time of enlistment, he produced the Record-sheet issued by the Headmaster of the District Board Higher Elementary School, Alandur, where he had studied. The date of birth of the plaintiff as pe




































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