IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30-9-2013

CORAM

THE HONOURABLE MR. JUSTICE N.PAUL VASANTHAKUMAR

AND

THE HONOURABLE MR. JUSTICE M.M.SUNDRESH

W.P.No.16062 of 2010

M. Ramasubramani

...

Petitioner

Vs.

1.

The Central Administrative Tribunal,

rep.by its Registrar, Madras Bench,

High Court Buildings,

Chennai – 600 104.

2.

The Government of India,

rep.by its Secretary to Government,

Ministry of Home Affairs,

Government of India,

New Delhi.

3.

The Government of Tamil Nadu,

rep.by its Secretary to Government,

Home (Pol.IA) Department,

Fort St.George,

Chennai- 600 009.

4.

The Secretary,

Tamil Nadu Public Service Commission,

Chennai – 600 002.

5.

The Union Pubic Service Commission,

New Delhi, rep.by its Secretary.

6.

The Director General of Police,

Mylapore, Chennai – 600 004.

...

Respondents

Writ petition filed under Article 226 of the Constitution of

India, praying this Court to issue a writ of Certiorarified mandamus

calling for the entire records pertaining to the passing of the order

dated 10.7.2009 made in O.A.No.75 of 2008 on the file of the Central

Administrative Tribunal, Madras Bench, the first respondent herein,

to quash the same and consequently direct the respondents to alter

https://hcservices.ecourts.gov.in/hcservices/

the date of birth of the petitioner as 3.7.1958 in service records,

instead of the existing entry of 14.5.1957 and for other

consequential reliefs.

For Petitioner

:

Mr.P.N.Prakasam

for Mr.Kempraj

1^st Respondent

:

Tribunal

For 2^nd Respondent

:

Mr.S.Haja Mohideen Gisthi,

SCGSC

For Respondents 3&6 :

Mr.P.S.Sivashanmugasundaram

Special Government Pleader

For 4^th Respondent

:

Mr.N.S.Nandakumar

For 5^th Respondent

:

No appearance

O R D E R

N.PAUL VASANTHAKUMAR, J.

This writ petition is filed against the order passed by the

Central Administrative Tribunal in O.A.No.75 of 2008 dated 10.7.2009,

dismissing the application filed by the petitioner seeking to quash

the order of the Government dated 2.3.2007, rejecting the request of

the petitioner seeking alteration of his date of birth from 14.5.1957

to 3.7.1958, in service records.

2.

The case of the petitioner before the Central

Administrative Tribunal, Madras Bench, was as follows:

(a)

Petitioner was directly recruited as Deputy Superintendent

of Police (Category-I), selected through the Tamil Nadu Public

Service Commission vide G.O.Ms.No.526 dated 5.3.1987. He joined duty

on 16.3.1987 and he was conferred IPS on promotion quota on

14.12.1999. His date of birth was entered as 14.5.1957 in the SSLC

Certificate and in the School records, while admitting the petitioner

by his parents in the school.

(b)

According to the petitioner, the petitioner's parents are

illiterate, who gave the wrong date of birth while admitting him in

school, which was recorded in the SSLC certificate as well as in the

service register. The claim of the petitioner is that his actual

date of birth is 3.7.1958 and not on 14.5.1957.

https://hcservices.ecourts.gov.in/hcservices/

(c)

Petitioner after joining in the Tamil Nadu Police

Department on 16.3.1987, submitted a representation on 21.5.1990 to

alter his date of birth in the service register and connected

records. According to the petitioner, the said application was

rejected on 5.10.1991 without following Rule 49(b) in Part-II of the

Tamil Nadu State and Subordinate Service Rules.

(d)

Petitioner filed Civil Suit in O.S.No.362 of 1994 on the

file of the District Munsif Court, Virudhunagar, for declaring his

correct date of birth as 3.7.1958 instead of 14.5.1957. The said

suit was decreed in his favour on 17.10.1995 with a direction to the

defendants therein to alter the date of birth on or before

17.12.1995. Appeal filed by the defendants therein/respondents

herein was dismissed by confirming the decree passed, declaring his

date of birth as 3.7.1958.

(e)

After the Civil Court decree became final, petitioner

submitted rep