WP/25134/2007 of L. VENKATARAMAN (DECEASED) Vs STATE OF TAMILNADU REP. BY on 26 October 2026

ORDER

The prayer in the writ petition is to call for the entire records leading to the issuance of proceedings bearing Na.Ka.No.8768/99/A dated 30.12.2003 and proceedings bearing Na.Ka.No.8768/89/A dated 19.11.2004 on the file of the 3rd respondent, the Revenue Divisional Officer, Krishnagiri, Krishnagiri District (formerly Dharmapuri District), to quash the same, and to direct the respondents to make the necessary corrections in the petitioner’s service register, changing his date of birth to 25.07.1947 instead of 15.08.1941, as per the judgment and decree passed in A.S.No.6 of 2004 dated 19.01.2006 on the file of the Principal Sub Court, Krishnagiri. Consequently, the petitioner seeks restoration to service, permission to retire upon superannuation on 24.07.2005, and the grant of arrears of salary, retirement benefits, and all other attendant benefits along with 18% interest per annum.

2. It is the case of the deceased sole writ petitioner that he joined service as a Village Administrative Officer on 09.08.1982. At the time of his entry into service, his date of birth was recorded as 15.08.1941 based on his school certificate. However, the petitioner claimed that his original date of birth is 25.07.1947. He immediately submitted a representation to the Department on 18.10.1982 to change his date of birth from 15.08.1941 to 25.07.1947. After submitting the said representation in 1982, he remained silent. Thereafter, he filed a civil suit in O.S.No.62 of 1999, after a lapse of 17 years and obtained a decree on 08.06.1999.

3. Based on this Civil Court decree, his date of birth was initially changed. Subsequently, the first appeal in A.S.No.76 of 1999 was filed, which was allowed, and the matter was remitted to the Civil Court. Challenging this order of remand, C.M.A.No.1177 of 2000 was filed, which confirmed the order, and the suit was subsequently dismissed on 30.12.2003. Challenging the dismissal, the petitioner filed A.S.No.6 of 2004, which was allowed on 19.01.2006. Following this, the present writ petition was filed seeking the implementation of the decree for the alteration of his date of birth.

4. The Government Advocate appearing for the respondents opposed the petition on the ground that at the time of joining duty, the petitioner's date of birth was recorded as 15.08.1941 based on his S.S.L.C. book. He argued that even though the petitioner submitted a representation on 18.10.1982, he remained inactive until 1999, when he finally filed the suit. The petitioner took no steps between 1982 and 1999, slept over his rights, and suddenly woke up from his slumber to initiate litigation. He further contended that the Civil Court decree cannot bind the writ jurisdiction for claiming service benefits. He added that the petitioner was already allowed to continue in service and receive a salary, which in itself was a concession, and therefore prayed for the dismissal of the writ petition.

5. Heard the counsel for the petitioner and the Government Advocate for the respondents.

6. There is no explanation from the writ petitioner as to why he did not approach the Court immediately after 1982. The petitioner slept over the issue and only approached the Civil Court in 1999. This delay of more than 17 years has remained completely unexplained. Merely because the petitioner obtained a Civil Court decree for the alteration of his date of birth, it does not automatically entitle him to a correction in his service records. Fortunately for the petitioner, he was allowed to continue in service for a certain period based on the altered date of birth, which itself constitutes a significant concession. The petitioner is not entitled to anything beyond this concession.

7. At this juncture, the counsel for the petitioner submitted that due to the pendency of this writ petition, the respondents have not released the petitioner's pensionary benefits and requested a direction from this Court to that effect.

8. In view of the above, this Court passes the following orders:

a. The petitioner's date of birth shall be taken as 15.08.1941.

b. The respondents shall not pass any recovery order against the petitioner based on the disposal of this writ petition.

c. The respondents are directed to release the entire pensionary benefits due to the petitioner within a period of six (6) weeks from the date of receipt of a copy of this order.

9. With the aforesaid directions, this writ petition stands disposed of. No costs. 26-10-2026 Index: Yes Speaking order Neutral Citation: Yes/No Sni To

1. The Secretary to Government of Tamil Nadu, Revenue Department, Fort St. George, Chenani - 600 009.

2. The District Collector, Krishnagiri, Krishnagiri District.

3. The Revenue Divisional Officer, Krishnagiri, Krishnagiri District.

4. Tahsildar, Krishnagiri, Krishnagiri District.

KRISHNASWAMY GOVINDARAJAN J. Sni WP No. 25134 of 2007 26-10-2026