K MICHAEL ANTONY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE Petitioner, K. Michael Antony, was appointed as Post Graduate Assistant (Economics) on 7.7.1980 in St.Joseph Higher Secondary School, Thiruthuapuram, Later, he was promote and appointed as Head Master with effect with from 1.6.2000 in the fifth respondent school, under the same Management. It is brought to the notice of this Court that the petitioner has attained the age of superannuation on 31.5.2003.

(2.) WHEN the petitioner was serving as a Headmaster in the fifth respondent school, he having stumbled on Church records and other connected documents, came to know that his correct date of birth was 22.9.1944 and not 20.1.1944. He approached the learned Judicial Magistrate, Eraniel, Kanyakumari District for necessary direction to the Registrar of Births and Death and got a birth Certificate under the Registration of Birth and Death Act, 1969 certifying his correct date of birth as 22.9.1944.

(3.) THE fifth respondent school virtually sails with the stand taken by the writ petitioner. Respondents 1 to 4 would contend that as per Rule 49(c) of the Tamil Nadu State and Subordinate Service Rules, they are not bound to entertain any application for alteration of date of birth received after lapse of 5 years from the date of entry into service. THErefore, it is submitted that respondents 1 to 4 have rightly rejected the representation made by the petitioner.