Delay in seeking correction of date of birth and lack of conclusive proof can justify rejection of such requests by employment authorities.

ORDER :

1. Heard the learned counsel for the petitioner and the learned Special Additional Government Pleader for the respondents and perused the records.

2. The case of the petitioner in brief is that on joining the respondent service on 17.05.1991, he had submitted an application on 16.06.1994, seeking for correction of date of birth entered in his service record, at the time of joining, from 10.06.1961 to 21.12.1963 which is his correct date of birth as per the certificate of birth dated 25.05.1994 issued by the Sub Registrar, Vadipatti, under Section 12/17 of the Registration of Births and Deaths Act, 1969; that despite the petitioner submitting an application seeking correction of date of birth, enclosing therewith the certificate of the Sub Registrar, his date of birth had not been corrected in his service record to the actual date of birth, which action of the respondent, is contended as highly illegal, contrary, causing prejudice to the petitioner, inasmuch as on account of entry of wrong date of birth in his service records, the petitioner would be required to retire from service at an early age.

3. It is the further case of the petitioner that at the time of seeking admission into the School, his parents inadvertently gave his date of birth as 10.06.1961 instead of 21.12.1963, as his parents who were uneducated agriculturists; that his elder brother carried the same date of birth in the School records; and that, he had submitted application seeking alteration of date of birth, within a period of five years from the date of entering into service as required under Rule 49 of General Rules. (now Section 59 of Tamil Nadu Government Servants (Conditions Service) Act, 2016).

4. It is the further case of the petitioner that the respondent having accepted his application and also he having submitted the required document, ought not to have kept the matter pending, without causing verification and on the petitioner submitting a representation once again on 19.06.2017, the respondent by causing enquiry, rejected his request for correction of date of birth by the impugned proceedings, dated 22.05.2019.

5. Assailing the action of the respondent, this writ petition is filed.

6. Counter affidavit on behalf of the respondent is filed.

7. The respondent, by the counter affidavit, while denying the writ averments contended that the petitioner on being selected and appointed as Assistant Public Relation Officer in the Department of Information and Public Relation Department vide G.O.Ms.No.564, Information and Tourism (Admin.2) Department, dated 17.05.1991, at the time of joining service had mentioned his date of birth as 10.06.1961 along with the required document and the same was entered in his service register; that the petitioner, thereafter, submitted an application dated 16.06.1994, to alter his date of birth as 21.12.1963 instead of 10.06.1961, enclosing there with the birth certificate obtained from the office of the Sub Registrar, Vadipatti, dated 25.05.1994, and that, on the verification caused by the Revenue Divisional Officer, the authority did not find the name of the petitioner in the extract.

8. The respondent, by the counter affidavit, further contended that on receiving the application from the petitioner on 16.06.1994 for change of date of birth, have called upon the petitioner to provide details of proof of date of birth, place of birth and Secondary School Leaving Certificate and the same were received from the petitioner on 18.08.1994, while the Secondary School Leaving Certificate was received on 23.01.1995 and the petitioner, thereafter, kept silent and gave a further rep