Madras High Court
Tamil Nadu Electricity Board vs P.Sivasamy on 3 January, 2024
Author: G.Jayachandran
Bench: G.Jayachandran
W.A(MD)No.897 of 2016
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 03.01.2024
CORAM:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
AND
THE HON'BLE MR JUSTICE C.KUMARAPPAN
W.A(MD)No.897 of 2016
and
C.M.P(MD)No.5389 of 2016
1.Tamil Nadu Electricity Board,
represented by Chairman cum Managing Director,
144, Anna Salai,Chennai – 600 002.
2.The Secretary,
Tamil Nadu Generation and Distribution Corporation,
Secretariat Branch, 144, Anna Salai,
Chennai – 600 002.
3.The Chief Engineer(Personnel),
Tamil Nadu Electricity Board,
800, Anna Salai,
Chennai – 600 002. ... Appellants/Respondents
.Vs.
P.Sivasamy ....Respondent/Writ Petitioner
PRAYER: Writ Appeal filed under Clause 15 of Letters Patent Act praying this
Court to set aside the order passed by this Court in W.P(MD)No.2493 of 2016,
1/6
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W.A(MD)No.897 of 2016
dated 20.05.2016.
For Appellants : Ms.M.Parameswari
Standing Counsel
For Respondent :No appearance
JUDGMENT
DR.G.JAYACHANDRAN,J.
AND
C.KUMARAPPAN,J
This Writ Appeal is arising out of the order passed by the learned Single
Judge in W.P(MD)No.2493 of 2016, dated 20.05.2016.
2.The respondent herein was working as Chief Engineer in TANGEDCO
and in the fag end of his service,he sought for alteration of his date of birth as
23.04.1959 instead of 19.05.1958.
3.The learned Single Judge, referring to the order passed in W.P(MD)No.
6678 of 2011, had allowed the Writ Petition, stating that he is inclined to set
aside the impugned order, dated 21.08.2015,which declined the request of the
Writ Petitioner to alter his date of birth and directed the first respondent(TNEB,
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represented by its Chairman and Managing Director) to pass orders on the
representation of the Petitioner, dated 18.05.1990.
4.The respondents in the Writ Petition are the appellants herein. The
learned counsel for the respondents referring to the provisions of service
regulations governing the staffs of Tamil Nadu Electricity Board, submitted that
any alteration regarding the date of birth are to be made within five years of
joining service, whereas, the Writ Petitioner, namely Sivasamy fabricating the
records as if his date of birth is 23.4.1959, has approached the Court with
unclean hands and obtained an order to consider his representation, which in fact,
not in existence at all. Further, the learned counsel also contended that the
judgment in W.P.No.6678 of 2011, which is referred to in the impugned order
filed by the person similar to the Writ Petitioner, later came to be withdrawn by
the Petitioner in a contempt proceedings, since it was found that the said
Petitioner/T.T.Balsamy had not come to the Court with clean hands and with an
intention to obtain an order from the Court for alteration of date of birth, had
suppressed the facts that he had earlier filed similar Writ Petition before the
Principal Bench of this Court and on dismissal of the same, filed Writ Petition
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before the Madurai Bench and got an order and therefore,in the contempt
proceedings initiated by T.T.Balsamy, had withdrawn the earlier order passed in
W.P.No.6678 of 2011 and dismissed it.
5.This Court has given its anxious consideration to the submission made by
the learned counsel for the appellants.
6.This Court finds that the order of the learned Single Judge per se illegal,
erroneous and un-sustainable in law. The law regarding the alteration of date of
birth of a person in service is well-settled by catena of judgments pronounced by
the Honourable Supreme Court. The Writ Petition filed by a person at the fag end
of service to alter the date of birth so as to get the extended service, been
deprecated by the Honourable Supreme Court several time. The Apex Court is
being conscious of the fact that alteration of date of birth in the service records
not only will enure unjust enrichment to a person who seeks for alteration of date
of birth, but also will cause cascading effect on the service cadre and the seniority
list. The persons who are the in-service candidates, expecting promotion and
other service benefits, will be the victims of any order altering the date of birth
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after five years of entering the service.
7.In view of the above facts, the Writ Appeal is allowed. There is no order
as to costs. Consequently, connected Miscellaneous Petition is closed.
[G.J.,J.] [C.K.,J.]
03.01.2024
NCS :Yes/No
Index : Yes / No
Internet : Yes / No
vsn
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DR.G.JAYACHANDRAN, J.
and
C.KUMARAPPAN,J.
vsn
JUDGMENT MADE IN
and
03.01.2024
https://www.mhc.tn.gov.in/judis
