IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 17TH OCTOBER 2008 / 25TH ASWINA 1930 WP(C).No. 30568 of 2008(L) -------------------------------------- PETITIONER(S): ---------------------- O.GOPALAKRISHNAN, S/O.GOPALAN, AGED 54 ORAVANCHALIL HOUSE, SRK.NAGAR PO., PALAPPURAM, OTTAPPALAM, PALAKKAD. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REP. BY THE PRINCIPAL SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. EXECUTIVE ENGINEER, IRRIGATION DIVISION, MALAMPUZHA. GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ====================================== W.P.(C)No.30568 of 2008 ====================================== Dated this the 17th day of October 2008 JUDGMENT The petitioner is presently working as Divisional Accountant. He entered service as Lower Division Clerk in the Technical Education Department on 8.12.1983. The petitioner's date of birth entered in the school records is 15.7.1954. After entering service, on the basis of Ext.P1 extract from the birth register wherein the date of birth of the petitioner is shown as 20.5.1956, he moved the Commissioner for Government Examinations for correction of the date of birth in the school records. Since there was delay in submitting the application for correction of the date of birth in the school records, the petitioner moved the Government and the Government by Ext.P4 order dated 16.5.1990, condoned the delay. Thereafter, by Ext.P8 order passed on 8.1.1998, the Commissioner for Government Examinations, accorded sanction for correction of the date of birth in the school records. On the strength of Ext.P8, the petitioner submitted Ext.P9 request before the Commissioner and Secretary to Government, Finance Department for correction of the date of birth in the service records. By Ext.P10 letter dated 18.5.1999, relying on Ext.P11 Government Order dated 30.12.1991, the State Government rejected the petitioner's request stating that the request is inadmissible on the terms of W.P.(C)30568/2008 2 G.O.(P)45/91/P&ARD dated 30.12.1991. The petitioner did not challenge Ext.P9 for long. Nearly 8 years thereafter he submitted Ext.P12 representation dated 16.8.2007 before the Government seeking correction of date of birth in the service book. That was rejected by Ext.P13 letter dated 19.9.2007. The petitioner again submitted another representation dated 29.11.2007 and that was also rejected by Ext.P14 letter dated 5.1.2008. The petitioner again moved the Government by submitting Ext.P15 representation dated 4.4.2008. That request was also rejected by Ext.P16 letter dated 22.4.2008. In this writ petition, the petitioner challenges Exts.P10, P13, P14 and P16 and prays for a writ in the nature of mandamus commanding the respondents to correct the date of birth in his service records. 2. I have heard Sri.T.G.Rajendran, the learned counsel appearing for the petitioner. The petitioner entered service on 8.12.1983. His date of birth as per the school records was 15.7.1954. In the service records also the date of birth entered was 15.7.1954. Long after the petitioner entered service, by Ext.P8 order passed on 8.1.1998, the Commissioner for Government Examinations permitted correction of the date of birth in the school records from 15.7.1954 to 20.5.1956. By the time the Commissioner for Government Examinations allowed the petitioner's request for correction of the date of birth in the W.P.(C)30568/2008 3 school records, the State Government had issued Ext.P11 Government Order dated 30.12.1991 which still governs the field. On the terms of the said Government Order, an application for correction of date of birth in the service records has to be filed within 5 years from the date of entry in service. In respect of existing employees, the time limit prescribed was one year from the date of the order. In view of the stipulation in Ext.P11, the petitioner ought to have moved the Government within one year form 30.12.1991 after getting the date of birth in the school records corrected. The petitioner's date of birth in the school records was corrected only in the year 1998, long after the time limit of one year stipulated in Ext.P11 Government Order expired. His application for correction of the date of birth in the service records was therefore rightly rejected by Ext.P10 order dated 18.5.1999. Paragraph-5 of Ext.P11 stipulates that applications for condonation of delay and for entertainment of applications in relaxation of the conditions regarding time limit will be summarily rejected. Therefore the challenge to Ext.P10 is without any merit. 3. Ext.P10 order was passed as early as on 18.5.1999. The petitioner did not challenge the same. Nearly 8 years later he moved the State Government and that the request was turned down by Ext.P13. The petitioner thereafter submitted two other representations and they were also rejected by Exts.P14 and P16. W.P.(C)30568/2008 4 In my considered opinion, on the terms of Ext.P11 Government Order, the request made by the petitioner for correction of the date of birth in the service records cannot be entertained. The writ petition accordingly fails and is dismissed. P.N.RAVINDRAN, JUDGE css/