IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 30TH MARCH 2011 / 9TH CHAITHRA 1933 WA.No. 428 of 2011() -------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.6230/2011 Dated 28/02/2011 .................... APPELLANT(S): --------------------- K.V.MOHAMMED, VILLAGE OFFICER, OORNGATTIRI VILLAGE, KUZHIKKALAKANDI HOUSE, P.O.TRIPPANACHI, (VIA) KUZHIMANNA, MALAPPURAM DISTRICT. BY ADV. SRI.P.VIJAYAKUMAR RESPONDENT(S): ---------------------- 1. DISTRICT COLLECTOR, MALAPPURAM. 2. TAHSILDAR, ERNADU TALUK, MANJERI. BY GOVT.PLEADER SMT.K.MEERA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 30/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J. CHELAMESWAR, C.J & ANTONY DOMINIC, J. ---------------------------------------------- W.A.No. 428 of 2011 ---------------------------------------------- Dated this the 30th day of March, 2011 JUDGMENT Antony Dominic, J The appellant joined service as Village Assistant in the year 1992. At the time of his entry into service, he furnished the date of birth as 4.10.1956. In June, 2010 he made an application for correction of date of birth as 4.10.1955. The request of the appellant was rejected by Exhibit P7 order and again by Exhibit P8. Challenging Exhibits P7 and P8, the Writ Petition was filed. The Writ Petition was dismissed by the learned Single Judge by judgment dated 28.2.1011. It is aggrieved by the said judgment that this Writ Appeal is filed. 2. A reading of Exhibits P7 and P8 shows that in the matter of requests for correction of the date of birth, orders are to be passed in compliance with the instructions issued by the Government as per order No.G.O(P) 45/91 P & ARD dated 30.12.1991. This Government Order shows that the request for correction of date of birth will be entertained only if such requests are made within five years of entry into Government service. 3. Admittedly, the request for correction of his date of birth was made by the appellant long after the 5 year period specified by the WA.428/11 2 Government in the order dated 30.12.1991. Consequently, the request of the appellant for correction of date of birth is impermissible. Further, no Government servant has any vested right to get his date of birth in the service records corrected unless the same is permissible as per the service rules or Government Orders. In this case, administrative instructions do not permit correction of date of birth, if request is made beyond five years of entry into service. For that reason also, the request made by the appellant is clearly inadmissible and rightly rejected. 4. Learned counsel for the appellant relied on the judgment of this Court reported in Sukumaran v. District Superintendent of Police, Kozhikode (1971 KLT 188) and the Apex Court judgment reported in Mohammed Yunus Khan v. U.P.Power Corporation Ltd & ors. (2009 KHC 4938). The principles laid down in Sukumaran's case (Supra) cannot be applied to a case subsequent to the issuance of the Government Order referred to above. Therefore, that judgment cannot be relied on by the appellant. In so far as the Apex Court judgment in Mohammed Yunus Khan's case (Supra) relied on by the appellant is concerned, facts of the case as disclosed in the judgment itself show that a wrong date of birth was entered in the service records due to a mistake on the part of the employer. In this case, admittedly, the date of birth was furnished by the appellant. WA.428/11 3 Therefore, on facts, the case dealt with by the Apex Court judgment has no comparison with the case of the appellant and hence, the principle laid down in that decision has no application to the present case. For these reasons, we do not find any merit in the Writ Appeal and the same is dismissed. J.CHELAMESWAR, CHIEF JUSTICE ANTONY DOMINIC, JUDGE vgs