Sunday, July 30, 2017

‘Be alert about DoB change pleas’

By Siva Sekaran  |  Express News Service  |   Published: 30th July 2017 02:32 AM  |  
Last Updated: 30th July 2017 08:12 AM  
 
CHENNAI: IF an employee seeks an alteration of his date of birth on the eve of his retirement, then a court of law must be doubly careful and cautious in accepting the request, as the attitude or tendency among the employees to raise such a plea comes only at the fag end of their career. Therefore, such a plea for alteration at the eleventh hour should not be entertained because of the possible wide ranging ramifications and repercussion to follow, which may result in compounding the problem in a manifold ways, the Madras High Court has ruled.

A division bench of Justices M Venugopal and S Baskaran gave the ruling while dismissing a revision  application from Jeyaratnakumar, on July 24 last. Challenging the orders dated February 1, 2008 of a division bench refusing to effect change in his date of birth, petitioner filed the present revision in 2017.

Petitioner was appointed as Assistant Public Prosecutor in the Department of Prosecution by the TN Public Service Commission in 1995 on the basis of his date of birth of June 1, 1960.
Facing superannuation, he moved the High Court to change his date of birth as February 9, 1961. As the single judge refused, he approached a division bench, which in 2008 upheld the single judge’s rejection order.Petitioner was given the appointment only on the basis of his year of birth as 1960. Otherwise, his candidature would have been rejected on grounds of shortage of age, the bench had pointed out.

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