Case Note & Summary
The case involved an intra court appeal filed by the appellant, P. Duraisamy, challenging a writ order dated 06.03.2025 in W.P.No.27649 of 2019. The appellant had been appointed as a Village Administrative Officer on 14.03.2001 and submitted an application in 2005 to alter his date of birth. Following this, he filed a writ petition in 2019 seeking directions for consideration of his representation regarding the alteration. The respondent's counsel argued that the department had provided several opportunities to the appellant, which he failed to utilize. The court noted that the appellant's application for alteration was made just before his retirement on 31.12.2005, and the issue remained unresolved for an extended period. The court concluded that the claim to alter the date of birth in the service record could not be considered due to the significant delay and dismissed the appeal without costs. The judgment was delivered by Justices S.M. Subramaniam and Krishnaswamy Govindarajan on 29-09-2026.
Headnote
A) Administrative Law - Alteration of Date of Birth - Delay in Application - Not permissible after retirement - The appellant sought alteration of his date of birth in service records after a considerable delay, which the court found to lack merit. The court held that such claims cannot be entertained at this length of time, especially as the application was made just before retirement. (Paras 2-4).
Issue of Consideration
Whether the appellant's application for alteration of date of birth in service records could be considered after a significant delay and prior to retirement.
Final Decision
The court dismissed the intra court appeal, stating that the claim to alter the date of birth in service records could not be considered due to the significant delay and the timing of the application just before retirement.
Law Points
- Intra Court Appeal
- Writ Petition
- Alteration of Date of Birth
- Government Service
- Retirement
