IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 2ND FEBRUARY 2009 / 13TH MAGHA 1930 WP(C).No. 2695 of 2009(U) ------------------------- PETITIONER: --------------- SMT.LEELAMMA JOSEPH,H.S.A, ST.JOSEPH'S HIGH SCHOOL, KUNNOTH KILENTHARA.P.O, KANNUR DISTRICT. BY ADV. SRI.C.A.JOSEPH SRI.K.K.MOIDEEN RESPONDENTS: --------------- 1. THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION(A)DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DEPUTY DIRECTOR OF EDUCATION, KANNUR DISTRICT. 3. DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. BY GOVT. PLEADER SHRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ---------------------------------------------- W.P(C) No. 2695of 2009-U --------------------------------------------- Dated this the 2nd February, 2009. J U D G M E N T The petitioner is working as H.S.A in St.Joseph's High School, Kunnoth. The date of birth of the petitioner as entered in the service book is 20.11.1953. The Joint Commissioner for Examination accorded sanction to correct the date of birth as 31.7.1954 in the School records, as per Exhibit P1 order dated 21.2.1998. Subsequently, the petitioner filed application to the first respondent to correct the date of birth in her service book. The first respondent rejected the application as per Exhibit P3 order dated 28.6.1999 on the ground that the petitioner had more than 20 years of service and he was due to retire from service on superannuation in November 2008. The petitioner did not challenge Exhibit P3 order. Stating that on 30.3.2006 the Government ordered correction of date of birth in the service book of one Shri.V.M.Gangadharan, the petitioner filed Exhibit P5 review petition dated 14.6.2007. The review petition is not disposed of. The prayer of the petitioner is to issue a direction to the first respondent to pass orders on Exhibit P5, to quash Exhibit P3 order (mistakenly shown as Exhibit P1 in the relief portion) and to grant such other incidental reliefs. W.P(C) No. 2695of 2009-U 2 2. The first respondent rejected the application in 1999. The petitioner did not challenge that order. He could not maintain the review petition in 2007 on the basis that in the case of another person, the Government entertained an application after 20 years of service. May be the order passed by the Government in that case is erroneous. That is not a ground for allowing the application filed by the petitioner. In my view, Exhibit P3 order is legal and proper. There is no reason justifying a further consideration of the same. Moreover, the petitioner attained the age of superannuation on 20.11.2008 going by the date of birth entered in the service book. It was not proper for the petitioner to make a request at this belated stage for correction of date of birth. The Supreme Court has time and again deprecated the practice of entertaining such applications at the fag end of service of a person. The Writ Petition is devoid of merit. It is accordingly dismissed. K.T.SANKARAN JUDGE ab W.P(C) No. 2695of 2009-U 3 W.P(C) No. 2695of 2009-U 4 W.P(C) No. 2695of 2009-U 5 W.P(C) No. 2695of 2009-U 6