1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17/06/2011 C O R A M THE HONOURABLE Mr.JUSTICE K.VENKATARAMAN Writ Petition (MD) No.6126 of 2011 and M.P.(MD)No.1 of 2011 C.Sundaravalli W/o.Chellapandi Panchayat Union Primary School Venduvarayapuram T.Managaseri (Post) Sivakasi Taluk ... Petitioner Vs. 1.The District Collector, Virudhunagar District Collectorate complex, Virudhunagar. 2.The Commissioner Sivakasi Panchayat Union, Panchayat Union Office, Sivakasi. ... Respondents Petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus to direct the respondents to conduct necessary medical test for determining the age of the petitioner and based upon the medical report fix the date of retirement of the petitioner from service as Cook in the Noon-meal Centre of Panchayat Union School of Venduvarayapuram, T.Managaseri (Post) Sivakasi Taluk, Virudhunagar District. For petitioner ... Mr.M.Ashokkumar For Respondent No.1 ... Mr.S.Chandrasekar Government Advocate For Respondent No.2 ... Mr.A.Muthukaruppan Addl.Government Pleader O R D E R Heard the learned counsel appearing for the petitioner, the learned Government Advocate appearing for the first respondent and the learned Additional Government Pleader appearing for the second respondent. https://hcservices.ecourts.gov.in/hcservices/ 2 2. By consent, the Writ petition is taken up for final hearing. 3. The petitioner has come up with the present writ petition for a mandamus directing the respondents to conduct necessary medical test for determining the age of the petitioner and based upon the medical report fix the date of retirement of the petitioner from service as Cook in the Noon-meal Centre of Panchayat Union School of Venduvarayapuram, T.Managaseri (Post) Sivakasi Taluk, Virudhunagar District. 4. The case of the petitioner is that she has joined as Assistant Cook in the Noon Meal Centre of Venduvarayapuram Panchayat Union School in the year 1994. At the time of joining duty, she has given her age as 40 instead of 33 years. The said age has been given by her only on presumption and without any supporting document. Very recently, she came to know that the date of birth has been wrongly given by her. Her real date of birth is 06.07.1964. In such event, she has to retire only on 05.07.2022. Therefore, she made a representation to the respondents to alter her date of birth as 06.07.1964 instead of 01.07.1953. However, her representation was not considered so far and hence the petitioner has come up with this writ petition for the relief stated earlier. 5. On notice, the learned Additional Government Pleader appearing for the second respondent submitted that on the basis of the medical report, the age of the petitioner was ascertained as 40 at the time of joining duty in the year 1994 and hence in the service records, the age of the petitioner was entered as 01.07.1953. While so, at the verge of retirement, the petitioner cannot seek alteration of date of birth. 6. The learned Government Advocate appearing for the first respondent contended that the petitioner can seek for alteration of date of birth within only five years from the date of joining duty. But, however, in the case on hand, the petitioner, having joined the service in the year 1994, cannot seek for alteration of date of birth in the year 2010. Hence, according to the learned Government Advocate, the representation of the petitioner cannot be considered. 7. I have considered the submissions made by the learned counsel appearing for the petitioner, the learned Government Advocate appearing for the first respondent and the learned Additional Government Pleader appearing for the second respondent. 8. The facts, which are not disputed are that the petitioner was appointed as Assistant Cook in the Noon Meal Centre, Venduvarayapuram Panchayat Union School, T.Managaseri (Post) Sivakasi Taluk, in the year 1994. Her date of birth has been entered in the service register as 01.07.1953. Now, at the verge of retirement, the petitioner seeks alteration of date of birth as 06.07.1964 instead of 01.07.1953. The only reason that has been stated in the affidavit https://hcservices.ecourts.gov.in/hcservices/ 3 filed in support of the writ petition is that recently she came to know that her date of birth is 06.07.1964 and not 01.07.1953. As rightly pointed out by the learned Government Advocate as well as the learned Additional Government Pleader that the alteration of date of birth could be entertained only within five years from the date of joining service and not afterwards. This has been so held by the Hon'ble Supreme Court. 9. In view of the above stated position, I am not inclined to direct the respondents to consider the representation of the petitioner for altering her date of birth as 06.07.1964 instead of 01.07.1953. The Writ Petition, therefore, stands dismissed. No costs. Consequently connected Miscellaneous Petition is also dismissed. Sd/- Deputy Registrar (Accounts) /True Copy/ Assistant Registrar To 1.The District Collector, Virudhunagar District Collectorate complex, Virudhunagar. 2.The Commissioner Sivakasi Panchayat Union, Panchayat Union Office, Sivakasi. +1 CC to Mr.M.Ashok Kumar, Advocate (SR.No.19066) W.P.(MD) No.6126 of 2011 and M.P.(MD)No.1 of 2011 17.06.2011 RR NSV/29.6.11/3P/4C https://hcservices.ecourts.gov.in/hcservices/