IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 24TH NOVEMBER 2010 / 3RD AGRAHAYANA 1932 WP(C).No. 35172 of 2010(V) -------------------------- PETITIONER(S): --------------- A.K.CHANDRIKA, "SOPANAM", NOORNAD P.O., ALAPPUZHA DISTRICT-690 504. BY ADV. SRI.S.JAYAKRISHNAN SRI.V.PURUSHOTHAMA PANICKER RESPONDENT(S): --------------- THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, CO-OPERATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695 001. GOVT. PLEADER SHRI.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.35172 of 2010 ================== Dated this the 24th day of November, 2010 J U D G M E N T The petitioner retired from service of the Government of Kerala on 31.3.2010 as Joint Registrar of Co-operative Societies. The petitioner has filed this writ petition seeking a direction to the respondent to consider her application of correction of date of birth in her service records, filed on 27.10.10. The contention of the petitioner is that petitioner's correct date of birth is 14.1.1957, which was wrongly recorded as 24.12.1954 in her service records. Because of that discrepancy, the petitioner filed an application on 8.5.1980 for correction of date of birth in SSLC book. But the same was rejected because of contradictory and misleading details and documents relating to the date of birth of the petitioner's elder and younger sisters. Thereafter, after several rounds of litigation, ultimately, the petitioner got her date of birth corrected in the school records of by Ext.P2 order dated 28.9.2010. Immediately thereafter, the petitioner filed Ext.P3 application on 27.10.2010 seeking correction of the date of birth in the service records also. The petitioner has filed this writ petition seeking the following relief: “writ of mandamus or any other appropriate writ, order or direction, directing the respondent to consider and dispose of the Exhibit P3 representation as expeditiously as possible after affording an opportunity of being heard.” w.p.c.35172/10 2 2. Correction of date of birth is not a right conferred on a Government servant. That is a concession given by the Government by executive orders. Therefore, the petitioner has to avail of the concession strictly in accordance with the conditions of the Government order on the subject. The latest Government order on the subject is dated 27.8.1991. As per that Government order, a Government servant has to file an application for correction of the date of birth within five years of entering service or if, as on the date of the Government order, the five years period has already expired, within one year from the date of the Government order. Such application should also be within two years of the date of retirement. The Government order further stipulates that mere correction of the date of birth in the school records will not entitle the employees for consequential correction of date of birth in the service book. Still further, there is a specific stipulation that application for condonation of delay and for entertainment of application for relaxation of conditions regarding time limit shall be summarily rejected. Here, admittedly, the petitioner has submitted the application for correction of the date of birth in the service records only on 27.10.2010, almost seven months after her retirement. The fact that there was delay in getting the date of birth corrected in the school records is no ground to condone delay insofar as the Government order has prohibited the w.p.c.35172/10 3 same in absolute terms. That being so, the petitioner is not entitled to get her application for the correction of the date of birth considered now. Accordingly, this writ petition is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge