Madras High Court
Revathi. G vs The Secretary To Government on 30 April, 2021
W.P.No.11005 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.04.2021
CORAM
THE HONOURABLE MR. JUSTICE M.GOVINDARAJ
W.P.No.11005 of 2021
Revathi. G ... Petitioner
Vs.
1. The Secretary to Government,
Higher Education Department,
St.George Fort, Chennai – 600 009.
2. The Secretary to Government,
Revenue Department,
St.George Fort, Chennai – 600 009.
3. The Commissioner of Revenue Administration,
Ezhilagam Building, Chepauk,
Chennai – 600 005.
4. The Principal,
Government Arts College,
Elaiyamuthurpriviu, Udumalpet – 642 126.
5. The Tamil Nadu Public Service Commission,
Rep. by its Secretary,
Park Town, V.O.C. Nagar, Chennai – 600 003.
... Respondents
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W.P.No.11005 of 2021
PRAYER: The Writ Petition has been filed under Article 226 of the
Constitution of India praying to issue a Writ of Mandamus, to direct the first
respondent to consider the representation sent by the petitioner to the
respondents dated 07.01.2021 and alter the date of birth of the petitioner
from 05.10.1965 to 06.08.1966 after conducting appropriate enquiry as per
Section 59 of the Tamil Nadu Government Servants (Conditions of Service)
Act, 2016.
For Petitioner : Mr.Naveen Kumar Murthi
For Respondent
Nos.1 & 4 : Mr.Karthikei Balan
Government Advocate
For Respondent
Nos.2 & 3 : Mr.P.V.Selvakumar
Additional Government Pleader
-----
ORDER
The present Writ Petition has been filed for the issuance of a
Writ of Mandamus directing the first respondent to consider the
representation sent by the petitioner to the respondents dated 07.01.2021
and alter the date of birth of the petitioner from 05.10.1965 to 06.08.1966
after conducting appropriate enquiry as per Section 59 of the Tamil Nadu
Government Servants (Conditions of Service) Act, 2016.
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W.P.No.11005 of 2021
2. Heard the learned counsel appearing for the parties.
3. The petitioner was appointed as Assistant Professor under
the respondents on 22.07.2015. Her date of birth is 05.10.1965, whereas, it
is wrongly entered as 06.08.1966. Therefore, for correction of date of birth,
she made a representation on 07.01.2021. As per Section 59 of the Tamil
Nadu Government Servants (Conditions of Service) Act, 2016, the
application should be made within a period of five years from the date of
appointment. However, due to the Covid-19 conditions and health reasons,
she made the representation only on 07.01.2021 with a delay of six months.
Therefore, the petitioner prays that as per the judgment of the Hon'ble
Supreme Court in respect of limitation during pandemic, a direction to
consider the representation without insisting on five years period which falls
during the pandemic period.
4. Mr.Karthikei Balan, learned Government Advocate
appearing for respondent Nos.1 and 4 would submit that the Government
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W.P.No.11005 of 2021
has issued the guidelines vide Letter No.14914, dated 18.07.2018.
Therefore, the respondent would consider the representation in the light of
the above-said letter.
5. Considering the facts and circumstances and also limited
request made, a direction is issued to the third respondent to consider the
representation of the petitioner in the light of the Government's letter dated
18.07.2018 and also the judgment of the Hon'ble Supreme Court with regard
to limitation during pandemic period and pass orders as expeditiously as
possible.
With the above direction, the Writ Petition is disposed of. There
shall be no order as to costs.
30.04.2021
asi
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W.P.No.11005 of 2021
To
1. The Secretary to Government,
Higher Education Department,
St.George Fort, Chennai – 600 009.
2. The Secretary to Government,
Revenue Department,
St.George Fort, Chennai – 600 009.
3. The Commissioner of Revenue Administration,
Ezhilagam Building, Chepauk,
Chennai – 600 005.
4. The Principal,
Government Arts College,
Elaiyamuthurpriviu, Udumalpet – 642 126.
5. The Secretary,
Tamil Nadu Public Service Commission,
Park Town, V.O.C. Nagar, Chennai – 600 003.
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W.P.No.11005 of 2021
M. GOVINDARAJ, J.
asi
W.P.No.11005 of 2021
30.04.2021
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