{"id":16414,"date":"2003-03-27T00:00:00","date_gmt":"2003-03-26T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/p-s-loganathan-vs-the-tamil-nadu-electricity-board-on-27-march-2003"},"modified":"2014-01-14T12:33:43","modified_gmt":"2014-01-14T07:03:43","slug":"p-s-loganathan-vs-the-tamil-nadu-electricity-board-on-27-march-2003","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/p-s-loganathan-vs-the-tamil-nadu-electricity-board-on-27-march-2003","title":{"rendered":"P.S.Loganathan vs The Tamil Nadu Electricity Board on 27 March, 2003"},"content":{"rendered":"
Madras High Court<\/div>\n
P.S.Loganathan vs The Tamil Nadu Electricity Board on 27 March, 2003<\/div>\n
       \n\n  \n\n  \n\n \n \n IN THE HIGH COURT OF JUDICATURE AT MADRAS\n\nDATED: 27\/03\/2003\n\nCORAM\n\nTHE HONOURABLE MR. JUSTICE P.D.DINAKARAN\n\nW.P.No.4260 of 1998\n\nP.S.Loganathan                 ...  Petitioner\n\n-Vs-\n\n1. The Tamil Nadu Electricity Board,\n   rep. by its Chairman,\n   800, Anna Salai, Chennai-2.\n\n2. The Chief Engineer (Personnel)\n   Tamil Nadu Electricity Board,\n   8th Floor, N.P.K.R.R. Maaligai,\n   800, Anna Salai, Chennai-2.\n\n3. The Superintending Engineer,\n   Udumalpet Electricity\n   Distribution Circle, Udumalpet.              ...  Respondents.\n\n                Petition under Article 226 of The Constitution  of  India  for\nthe issue of a Writ of Certiorarified Mandamus as stated therein.\n\nFor petitioner :  Mr.  S.Elamurugan\n\nFor respondents:  Mr.  V.Radhakrishnan\n\n:O R D E R\n<\/pre>\n
                The  grievance  of  the  petitioner  is  that  he  was born on
\n02.05.1949, but when he joined as Junior Assistant in the respondent-Board  in
\nthe year 1973, his date of birth was entered as 05.05.1947, based on the entry
\nin his S.S.L.C.     Book.    Concededly,  the  petitioner  did  not  make  any
\napplication for alteration of date of birth within five years from the date of
\nentry into the service.  But,  when  he  made  an  application  on  16.02.1994
\nseeking  alteration  of date of birth as 02.05.1949, the Executive Engineer of
\nthe respondent-Board, by letter dated 11.05 .1994, returned the application of
\nthe petitioner for want of necessary correction in  his  S.S.L.C.    Book  and
\nrequired him  to  apply afresh.  Thereafter, the petitioner filed a civil suit
\nin O.S.No.89 of 1995 on the file of  District  Munsif,  Udumalpet,  which  was
\ndecreed  on  12.06.1996 to the effect that the date of birth of the petitioner
\nis 02.05.1949.  Based on the decree dated 12.06.1996 made in O.S.No.89 of 1995
\non the file of District Munsif, Udumalpet, correction was made in the S.S.L.C.
\nBook of the petitioner that his date of birth is 02.05.194 9.    Supported  by
\nthe  decree  dated 12.06.1996 made in O.S.No.89 of 199 5 and the consequential
\ncorrection made in his S.S.L.C.  Book, the petitioner, again,  on  14.11.1996,
\napplied for  alteration  of  date  of  birth in his service records.  But, the
\nChief Engineer of the respondent-Board, by proceedings dated 31.12.1997, which
\nis impugned in the above writ petition, quoting Regulation 110(b)(ii) and (vi)
\nof the Tamil Nadu Electricity  Board  Service  Regulations,  as  well  as  the
\ndecision of  a  Division  Bench of the Apex Court in UNION OF INDIA V.  HARNAM
\nSINGH<\/a> reported in AIR 1993 SC 1367=1993 (2) SCC 162, rejected the  application
\nof the  petitioner  for  alteration  of  date of birth, summarily.  Hence, the
\nabove writ petition.\n<\/p>\n
                2.  Mr.  S.Elamurugan, learned  counsel  for  the  petitioner,
\nassails  the  impugned  order  dated  31.12.1997 passed by the Chief Engineer,
\nTamil Nadu Electricity Board, purely on the ground of jurisdiction, contending
\nthat the Chief Engineer is not a competent  authority  to  pass  the  impugned
\norder  on  the  application  made  by the petitioner for alteration of date of
\nbirth, as the Board alone is empowered to take  appropriate  decision  in  the
\nmatter,  which  shall  be final, as per Regulation 110(b)(i) of the Tamil Nadu
\nElectricity Board Service Regulations.\n<\/p>\n
                3.  Per contra, Mr.  V.Radhakrishnan, learned Standing counsel
\nappearing  for  the  respondent-Tamil  Nadu  Electricity  Board,  invited   my
\nattention to Regulation 110(b)(i) and (ii) of the Tamil Nadu Electricity Board
\nService  Regulations,  which  deal  with  the change and alteration of date of
\nbirth.  Regulations 110(b)(i) and (ii) of the  Tamil  Nadu  Electricity  Board
\nService Regulations read as follows:\n<\/p>\n
\"       Regulation 110(b):  Alteration of date of birth:\n\n(i)     If,  at  the  time of appointment, a candidate claims that his date of\n<\/pre>\n
birth is different from that entered in the records mentioned in clause (a)(i)
\nabove, he shall make an application in the prescribed form to  the  appointing
\nauthority  stating  the  evidence  on  which  he relies and explaining how the
\nmistake occurred.  The appointing authority shall cause an enquiry to be  made
\nby  an  Executive Engineer, Operation and Maintenance having jurisdiction over
\nthe place of birth of the Board employee concerned.  If the  employee  himself
\nhappens  to  be an Executive Engineer\/Operation and Maintenance whose place of
\nbirth falls  within  his  own  jurisdiction,  some  other  Executive  Engineer
\nnominated  by  the  Chief  Engineer\/Personnel  shall  be  asked  to conduct an
\nenquiry.   If  the  employee  is  a  Superintending  Engineer\/  Operation  and
\nMaintenance  or Chief Engineer\/Distribution having jurisdiction over his place
\nof  birth,  some   other   Executive   Engineer   nominated   by   the   Chief
\nEngineer\/Personnel  who  is  not  directly  under the control of the applicant
\nshall be asked to conduct an enquiry.    On  receipt  of  the  report  of  the
\nenquiry, the  case shall be submitted to the Board for decision.  The decision
\nof the Board shall be final.\n<\/p>\n
(ii) After a person has entered service under the  Board,  an  application  to
\nalter  the  date  of  birth  as  entered  in the records of the Board shall be
\nentertained only if such application is made within five years of  such  entry
\ninto service.  Such an application shall be made in the prescribed form to the
\nauthority  competent  to make an appointment to the post held by the applicant
\nat the time of his application.  Such an application, not supported by entries
\nin  Secondary  School  Leaving  Certificate,  School,  College  or  University
\nrecords,  birth  extract  from  records  of local bodies or military discharge
\ncertificates, shall be summarily rejected.   The  appointing  authority  shall
\ncause an enquiry to be made by an Executive Engineer\/Operation and Maintenance
\nhaving jurisdiction over the place of birth of the employee concerned.  If the
\nemployee   himself   happens  to  be  an  Executive  Engineer\/  Operation  and
\nMaintenance whose place of birth falls with  in  his  own  jurisdiction,  some
\nother Executive Engineer nominated by Chief Engineer\/ Personnel shall be asked
\nto conduct   the   enquiry.      If   the   applicant   is   a  Superintending
\nEngineer\/Operation and Maintenance or a Chief Engineer  (Distribution)  having
\njurisdiction  over his place of birth, some other Executive Engineer nominated
\nby the Chief Engineer\/Personnel who is not directly under the control  of  the
\napplicant shall  be  asked  to  conduct  the enquiry.  Such enquiry reports in
\nrespect of Superintending Engineers and above shall be submitted to the  Board
\nthrough the  Chief  Engineer\/  Personnel.   The decision of the Board shall be
\nfinal.  ”\n<\/p>\n
                4.  Placing reliance on the decision  in  UNION  OF  INDIA  V.
\nHARNAM  SINGH<\/a>  reported  in AIR 1993 SC 1367=1993 (2) SCC 162, and SECRETARY &
\nCOMMISSIONER, HOME DEPARTMENT V.  R.KIRUBAKARAN<\/a> reported in AIR 1993 SC 2 647,
\nMr.V.Radhakrishnan, learned counsel for  the  respondents  contents  that  the
\npetitioner  having  made  an  application  for correction of the date of birth
\nbeyond the time fixed under the Regulations  cannot  claim,  as  a  matter  of
\nright,  the  correction  of date of birth, even if he has got good evidence to
\nestablish that the recorded date of birth is clearly erroneous.\n<\/p>\n
                5.  I have given careful consideration to the  submissions  of
\nboth sides.\n<\/p>\n
                6.  The Apex Court in UNION OF INDIA V.  HARNAM SINGH<\/a> reported
\nin AIR 1993 SC 1367=1993 (2) SCC 162, held as follows:\n<\/p>\n
        “14.   In  the instant case, the date of birth recorded at the time of
\nentry of the respondent into service as 20th May, 1934 had continued to  exist
\nunchallenged  between  1056  and  September, 1991, for almost three and a half
\ndecades.  The respondent had the occasion to see his service book on  numerous
\noccasions.  He signed the service book at different places at different points
\nof time.   Never  did he object to the recorded entry.  The same date of birth
\nwas also reflected in the seniority lists of LDC and UDC, which the respondent
\nhad admittedly seen, as there is nothing on the record to show that he had  no
\noccasion to  see the same.  He remained silent and did not seek the alteration
\nof the date of birth till September, 1991, just a few months prior to the date
\nof his superannuation.  Inordinate and unexplained delay or laches on the part
\nof the respondent to seek the necessary correction  would  in  any  case  have
\njustified the  refusal  of  relief  to him.  Even if the respondent had sought
\ncorrection of the date of birth within five  years  after  1979,  the  earlier
\ndelay would not have non-suited him but he did not seek correction of the date
\nof  birth during the period of five years after the incorporation of note 5 to
\nFR 56 in 1979 either.  His inaction for all this period of about  thirty  five
\nyears  from the date of joining service, therefore, precludes him from showing
\nthat the entry of his date of birth in service record was not correct.\n<\/p>\n
                15.  In the facts and circumstances of this case, we  are  not
\nsatisfied  that  the  Tribunal  was  justified in issuing the direction in the
\nmanner in which it has been done.  The application for correction of  date  of
\nbirth,  entered  in  the  service  book  in  1956,  for the first time made in
\nSeptember, 1991, was hopelessly belated and did not merit  any  consideration.
\nAs  already noticed, it had not been made even within the period of five years
\nfrom the date of coming into force of Note  5  to  FR  56(m)  in  1979.    The
\nTribunal,  therefore,  fell  in  error in issuing the direction to correct his
\ndate of birth and the impugned order of the Tribunal cannot be sustained.”\n<\/p>\n
                7.  Again, the Apex Court, in SECRETARY &  COMMISSIONER,  HOME
\nDEPARTMENT V.    R.KIRUBAKARAN<\/a>  reported  in  AIR  1993  SC  2647, has held as
\nfollows:\n<\/p>\n
”       An application for correction of the date of birth should not be dealt
\nwith by the tribunal or the High Court keeping in view only the public servant
\nconcerned.  Any such direction for correction of the  date  of  birth  of  the
\npublic  servant concerned has a chain reaction, inasmuch as others waiting for
\nyears, below him for their respective promotions are affected in this process.
\nSome are likely to suffer irreparable injury,  inasmuch  as,  because  of  the
\ncorrection  of  the date of birth, the officer concerned, continues in office,
\nin some cases for years, within which time many officers who are below him  in
\nseniority waiting  for their promotion, may lose the promotion forever.  Cases
\nare not unknown when a person accepts appointment keeping in view the date  of
\nretirement of his immediate senior.  This is an important aspect, which cannot
\nbe lost sight of by the Court or the Tribunal while examining the grievance of
\na public  servant  in  respect  of  correction of his date of birth.  As such,
\nunless a clear case on the  basis  of  materials  which  can  be  held  to  be
\nconclusive  in nature is made out the Court or the Tribunal should not issue a
\ndirection, on the basis of materials which make  such  claim  only  plausible.
\nBefore  any  such direction is issued, the Court or the Tribunal must be fully
\nsatisfied that there has been real injustice to the person concerned  and  his
\nclaim  for  correction  of  date of birth has been made in accordance with the
\nprocedure prescribed, and within the time fixed by any rule or order.   If  no
\nrule  or  order  has  been framed or made, prescribing the period within which
\nsuch application has to be filed, then such application must be  filed  within
\nthe time,  which  can  be held to be reasonable.  The applicant has to produce
\nthe evidence in support of such claim, which may amount to  irrefutable  proof
\nrelating to his date of birth.  Whenever any such question arises, the onus is
\non  the applicant, to prove about the wrong recording of his date of birth, in
\nhis service book.  In many cases it is a part of the strategy on the  part  of
\nsuch public servants to approach the Court or the Tribunal on the eve of their
\nretirement,  questioning  the  correctness  of the entries in respect of their
\ndates of birth in the service books.  By  this  process,  even  if  ultimately
\ntheir  applications  are dismissed, by virtue of interim orders, they continue
\nfor months, after the date of superannuation.  The Court or the Tribunal must,
\ntherefore, be slow in granting an interim relief for continuation in  service,
\nunless  prima facie evidence of unimpeachable character is produced because if
\nthe public servant succeeds, he can always be compensated, but if he fails, he
\nwould have enjoyed undeserved benefit of extended service  and  merely  caused
\ninjustice to his immediate to his immediate junior.  ”\n<\/p>\n
                8.  Similar view was again taken by the Apex Court in STATE OF
\nTAMIL NADU V.  T.V.VENUGOPALAN<\/a> reported in 1994 (6) SCC 302.\n<\/p>\n
                9.   Following  the  above ratio of the Apex Court in STATE OF
\nTAMIL NADU V.  T.V.VENUGOPALAN<\/a> reported  in  1994  (6)  SCC  302,  this  Court
\nrejected similar  prayer  in  (i)  THE GOVERNMENT OF TAMIL NADU V.  J.RAMASAMY<\/a>
\nreported in 2002 (2) CTC 577, and (ii)  in  order  dated  07.03.2003  made  in
\nW.P.No.10206 of  1998 (S.RADHAKRISHNAN V.  COMMISSIONER, CORPORATION OF MADRAS
\n& ANOTHER).<\/a>\n<\/p>\n
                10.  Of course, Mr.    Elamurugan,  learned  counsel  for  the
\npetitioner  would  contend  that as per Regulation 110(b)(i) of the Tamil Nadu
\nElectricity Board Service Regulations, the Tamil Nadu Electricity Board is the
\ncompetent  authority  to  take  appropriate  decision  with  respect  to   the
\nalteration  of  date  of  birth,  but not the Chief Engineer, viz., the second
\nrespondent herein, who has passed the impugned order dated 31.12.1997.   I  am
\nunable to appreciate the above contention because, as per Regulation 110(b)(i)
\nof  the Tamil Nadu Electricity Board Service Regulations, the very application
\nfor alteration of date of birth is barred by limitation, and  therefore,  such
\napplication  need  not  be  considered  by the respondent\/Board, much less the
\nChief Engineer.\n<\/p>\n
                11.  That apart, the letter of rejection dated 11.05.1994 made
\nby the Executive Engineer, returning the application of the  petitioner  dated
\n16.02.1994,  instructing  him  to  obtain necessary correction in the S.S.L.C.
\nBook and to apply afresh, in my considered opinion, could not, in any way,  be
\nconstrued  as  a  relaxation  of  the  Rules,  referred  to above, as the said
\nproceedings dated 11.05.1994 itself is contrary to  Regulation  110(b)(vi)  of
\nthe Tamil  Nadu  Electricity  Board  Service  Regulations.    The  petitioner,
\ntherefore, is not  entitled  to  derive  any  strength  on  the  letter  dated
\n11.05.1994 to claim that the Executive Engineer, Tamil Nadu Electricity Board,
\nhad condoned the delay.\n<\/p>\n
                Hence, finding no merits, this writ petition is dismissed.  No
\ncosts.\n<\/p>\n
Index:Yes
\nInternet:  Yes<\/p>\n
ksv\/sasi<\/p>\n
To\n<\/p>\n
1.  The Tamil Nadu Electricity Board,
\nrep.  by its Chairman,
\n800, Anna Salai, Chennai-2.\n<\/p>\n
2.  The Chief Engineer (Personnel)
\nTamil Nadu Electricity Board,
\n8th Floor, N.P.K.R.R.  Maaligai,
\n800, Anna Salai, Chennai-2.\n<\/p>\n
3.  The Superintending Engineer,
\nUdumalpet Electricity
\nDistribution Circle, Udumalpet.\n<\/p><\/p>\n","protected":false},"excerpt":{"rendered":"
Madras High Court P.S.Loganathan vs The Tamil Nadu Electricity Board on 27 March, 2003 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27\/03\/2003 CORAM THE HONOURABLE MR. JUSTICE P.D.DINAKARAN W.P.No.4260 of 1998 P.S.Loganathan … Petitioner -Vs- 1. The Tamil Nadu Electricity Board, rep. by its Chairman, 800, Anna Salai, Chennai-2. 2. The Chief Engineer […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[8,13],"tags":[],"class_list":["post-16414","post","type-post","status-publish","format-standard","hentry","category-high-court","category-madras-high-court"],"yoast_head":"\nP.S.Loganathan vs The Tamil Nadu Electricity Board on 27 March, 2003 - Free Judgements of Supreme Court & High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/p-s-loganathan-vs-the-tamil-nadu-electricity-board-on-27-march-2003\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"P.S.Loganathan vs The Tamil Nadu Electricity Board on 27 March, 2003 - 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