IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER THURSDAY, THE 8TH MARCH 2007 / 17TH PHALGUNA 1928 WP(C).No. 7615 of 2007(F) ------------------------- PETITIONER: ----------------- P.V.JOSE, FORMAN, INDIAN OIL CORPORATION, L.P.G.BOTTLING PLANT, UDAYAMPEROOR, KOCHI. BY ADV. SMT.K.V.BHADRA KUMARI SMT.ANILA GEORGE RESPONDENTS: -------------------------- 1. DEPUTY GENERAL MANAGER (HR), INDIAN OIL CORPORATION LTD., MARKETING DIVISION, SOUTHERN REGION, INDIAN OIL BHAVAN, 139, NUNGUMBAKKAM HIGH ROAD, CHENNAI. 2. DEPUTY GENERAL MANAGER, INDIAN OIL CORPORATION, KERALA STATE OFFICE, PANAMPILLY NAGAR. 3. GENERAL MANAGER, INDIAN OIL CORPORATION, KERALA STATE OFFICE, PANAMPILLY NAGAR. 4. SENIOR PLANT MANAGER, INDIAN OIL CORPORATION, L.P.G.BOTTLING PLANT, UDAYAMPEROOR, KOCHI. 5. INDIAN OIL CORPORATION, REPRESENTED BY ITS GENERAL MANAGER, HEAD OFFICE AT BOMBAY. BY ADV.SRI.A.C.JAYASANKAR NAMBIAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/03/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: A.K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P(C) No.7615 of 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of March, 2007. J U D G M E N T Petitioner is now working as Foreman in the L.P.G. bottling plant of Indian Oil Corporation at Udayamperoor. Grievance of the petitioner is that his employer is refusing to carry out necessary alterations in the service records by correcting his date of birth. 2. According to the petitioner he was born on May 3, 1949. But in the admission register of the school, the date was shown as May 3, 1947. It is the case of the petitioner that the above error in the school register had crept in because of an inadvertent mistake committed by the then Headmistress of Govt. Upper Primary School, Kundur. Though the petitioner was aware of the above discrepancy in the school admission register some time back, he did not take any steps at that time since the then Headmistress was a sick widow “having financial stringencies”. Petitioner did not want to put her into any difficulties by requesting her to issue a certificate with the correct date of birth. 3. But later in November 1994 he obtained Ext.P1 extract of admission register from the school showing the correct date of birth after another Headmistress took charge. Immediately thereafter he submitted Ext.P2 representation before respondent No.1 requesting to make necessary alteration in his service record, incorporating the correct date of birth. Since no action was taken on Ext.P2, petitioner had preferred Ext.P3 in response to which, petitioner was informed WP.7615/07 2 through Ext.P4 communication that the date of birth cannot be altered. It was pointed out by his employer that in the certificates produced by him along with his application form and other documents, the petitioner had shown his date of birth as May 3, 1947. 4. Petitioner did not give up his fight. He obtained a declaration from the Divisional Magistrate stating that his date of birth was May 3, 1949. Later the Secretary and Registrar of Birth and Death, Kuzhur Grama Panchayat issued Ext.P6 certificate. Though the petitioner approached his employer again armed with the above certificate, his request for necessary correction in the service records was again turned down. Petitioner was thereafter served with Ext.P7 communication informing him to furnish the necessary details to enable his employer to release to him his retiral benefits. In the said document, petitioner was informed that he was due to retire on May 31, 2007. 5. It is contended by the petitioner that the respondents were not justified in refusing to carry out necessary correction in the service records. If only the respondents had made necessary correction in the service records, he could have continued in service for 2 more years till May 31, 2009. 6. I am afraid the contention raised by the petitioner is totally untenable and misconceived. As rightly noticed by the respondents, the petitioner had joined service after furnishing a declaration that he was born on May 31, 1947. He had produced the school certificate also. It is the admitted position that he entered service of the Corporation in July 1972. It is true that he made his first attempt for correction of date WP.7615/07 3 of birth in the year 1994. But still this attempt was made only after 22 years from the date of his entry in service. The said request was turned by his employer in 1995 as revealed from Ext.P4. Petitioner managed to get Exts.P5 and P6 certificates on the eve of his retirement in February 2007. It is on the strength of the said certificates that the petitioner had made his last attempt to obtain an extended period of service. 7. Having regard to the entire facts and circumstances, particularly in view of a catena of decisions of not only of their Lordships of the Supreme Court but also of this Court, the contention raised by the petitioner cannot be accepted. 8. In State of Gujarat v. Vali Mohmed Dosabhai Sindhi (JT 2006 (6) SC 468) their Lordships had alerted the courts to be slow in granting reliefs to such employees who come with a request for correction of date of birth at the fag end of their career. 9. There is no merit in the contentions raised by the petitioner. The writ petition is wholly without any merit. Therefore it is dismissed. A.K. Basheer Judge. an.