IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN SATURDAY, THE 30TH JANUARY 2010 / 10TH MAGHA 1931 WP(C).No. 14764 of 2008(G) --------------------------------------- PETITIONER(S): ----------------------- ANTONY ISSAC, KADAKULANGARA (SANTHA NIVAS), CHAVARA,THEKKUMBAGAM VILLAGE, KARUNAGAPPALLI, KOLLAM DISTRICT. BY ADV. MR.C.R.SIVAKUMAR, SMT.G.VIDYA. RESPONDENT(S): -------------------------- 1. THE STATE OF KERALA, REP.BY THE PRINCIPAL SECRETARY TO HOME SECRETARIAT,THIRUVANANTHAPURAM. 2. THE REVENUE DIVISIONAL OFFICER, OFFICE OF THE REVENUE DIVISIONAL OFFICER, KOLLAM DISTRICT-1. 3. THE VILLAGE OFFICER, THEKKUMBAGAM VILLAGE, KARUNAGAPPALLI, KOLLAM DISTRICT. 4. THE SECRETARY, THEKKUMBHAGAM GRAMA PANCHAYATH, CHAVARA,KOLLAM DISTRICT. R1 TO R3 BY GOVERNMENT PLEADER MR.ARAVINDAKUMAR BABU. R4 BY ADV. MR.K.S.MANU (PUNUKKONNOOR) , MR.P.SREEKUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 14764/2008-G APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE CERTIFICATE DATED 20/05/2005. EXT.P2: COPY OF THE APPLICATION, DATED 28/09/2007. EXT.P3: COPY OF THE REPORT SUBMITTED BY THE 2ND RESPONDENT DATED 05/12/2007. EXT.P4: COPY OF THE JUDGMENT IN WP(C) NO. 2892/2008 DATED 24/01/2008. EXT.P5: COPY OF THE SCHOOL RECORD OF ANGLO INDIAN SCHOOL DATED NIL. EXT.P6: COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT DATED 20/02/2008. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE rs. THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.14764 OF 2008 ------------------------------------------- Dated this the 30th day of January, 2010 JUDGMENT The petitioner, who retired from the service of the State of Kerala as Sub Inspector of Police, challenges Ext.P6 decision, whereby, the officials have relying on G.O.(P) No.45/91/P & ARD dated 30.12.1991 taken the stand that his request for correction of date of birth cannot be considered. That G.O. provides that correction of the date of birth in the case of a Government servant can be done only within five years of his/her entry into service. The petitioner entered service of the Kerala Police in 1981 and had already 26 years of service. There are also provisions in the Kerala Education Act and Rules which stultify belated correction of the recorded date of birth. Petitioner's date of birth in the school records also has to be corrected. I do not find any error of jurisdiction or legal infirmity in the impugned decision. The writ petition fails. The same is accordingly dismissed. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.03/02.