IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 14TH OCTOBER 2008 / 22ND ASWINA 1930 WP(C).No. 8050 of 2008(G) --------------------------------------- PETITIONER: --------------------- M.GEEVARGHESE, PARAYIL PUTHEN VEEDU, THAZHAKKARA P.O., MAVELIKKARA. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SMT.KAVITHA GANGADHARAN RESPONDENTS: ------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT IN THE DEPARTMENT OF HEALTH, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. SECRETARY, DEPARTMENT OF ADMINISTRATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. DIRECTOR OF HEALTH SERVICES, DIRECTORATE OF HEALTH SERVICE, THIRUVANANTHAPURAM. 4. DISTRICT MEDICAL OFFICER OF HEALTH, ALAPPUZHA. 5. SUPERINTENDENT, GOVERNMENT HOSPITAL, MAVELIKKARA. 6. LAY SECRETARY, GOVERNMENT HOSPITAL, MAVELIKKARA. GOVERNMENT PLEADER SRI. P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.8050/2008G APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF K.DIS./46824/79/EX.B2 DTD. 04/07/1980. EXT.P2: COPY OF THE RELEVANT PAGE OF THE SERVICE BOOK OF THE PETITIONER. EXT.P3: COPY OF COMMUNICATION NO.A4-9718/2006/MCHA DTD. 19/04/2006. EXT.P4: COPY OF COMMUNICATION NO.A3.B164/06 DTD. 15/06/2006 ISSUED BY THE 4TH RESPONDENT TO THE 3RD RESPONDENT. EXT.P5: COPY OF COMMUNICATION NO.EC3-8208/07/DIS. DTD.30/08/2007. EXT.P6: COPY OF ORDER NO.A1 1708/07 GOVERNMENT HOSPITAL, MAVELIKKARA DTD. 31/08/2007. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss P.N.RAVINDRAN, J. ------------------------------- W.P.(C) No.8050 of 2008 ------------------------------- Dated this the 14th October, 2008. J U D G M E N T The petitioner entered service as Attender Grade-II in the Health Services Department on 19.6.1976. When the petitioner's service book was opened, his date of birth was entered as 4.8.1952, the date of birth recorded in the school records. After he entered in service, the petitioner moved the Commissioner for Government Examinations for correction of the date of birth in the school records. By Ext.P1 order passed on 4.7.1980, under Rule 3 of Chapter VI of the Kerala Education Rules, the Commissioner for Government Examinations accorded sanction to correct the date of birth of the petitioner in the school records from 4.8.1952 to 14.1.1954. 2. The petitioner submits that pursuant to Ext.P1, he made an application to the second respondent, Secretary to Government, General Administration Department, through proper channel, for correction of the date of birth in the service book. W.P.(C) No.8050 of 2008 2 The petitioner further submits that the corrected date of birth was also entered in the service book by the Lay Secretary, Government Hospital, Mavelikara, where he was then working. The date on which such an entry was made in the service book is not discernible either from Ext.P2 or from the original of the service book which was made available to me for perusal. The pleadings disclose that when the entry regarding the corrected date of birth made in the service book based on Ext.P1 was detected in the audit, the petitioner submitted an application dated 14.11.2005 to the Superintendent, Medical College Hospital, Alappuzha, where he was then working, requesting that necessary corrections may be made in his service book, based on Ext.P1 order. By Ext.P3 letter dated 19.4.2006, the Superintendent of Medical College Hospital, Alappuzha, forwarded the said application to the District Medical Officer of Health, Alappuzha, who in turn forwarded it to the Director of Health Services along with Ext.P4 letter dated 15.6.2006. The District Medical Officer has in Ext.P4 letter noticed that the date of birth W.P.(C) No.8050 of 2008 3 was corrected in the service book without prior sanction of the authority. Shortly thereafter, by Ext.P5 letter dated 30.8.2007, the Director of Health Services informed the District Medical Officer, Alappuzha, that as the petitioner's date of birth in the service records is 4.8.1952, he will have to retire from service on 31.8.2007 on attaining the age of superannuation. Thereupon, by Ext.P6 proceedings dated 31.8.2007, the Superintendent, Government Hospital, Mavelikara, where the petitioner was then working, relieved him from duty. This writ petition was filed on 7.3.2008 challenging Exts.P5 and P6 orders and seeking the following reliefs:- i) issue a writ in the nature of certiorari or other appropriate writ, direction or order calling for the records leading to Exhibits P5 and P6 and quash the same; ii) declare that the petitioner is entitled to reckon his corrected date of birth, 14/01/1954 as the date of birth for the purpose of reckoning his service conditions; W.P.(C) No.8050 of 2008 4 iii) issue a writ in the nature of mandamus or any other appropriate writ, direction or order directing the respondents to reinstate the petitioner to the post in which he was working or to any other similar post and allow him to continue in service till 31/01/2009, the date on which he would be superannuating, reckoning his date of birth as 14/01/1954; iv) issue a writ in the nature of mandamus or any other appropriate writ, direction or order directing respondents 2 and 3 to reconsider the application for correction of date of birth of Service Book within such time as may be fixed by this Honourable Court. 3. The petitioner contends relying on Ext.P2 that the entry therein correcting his date of birth would have been made only after proper sanction and that the petitioner cannot, at this distance of time, be visited with the consequences of non availability of records. The petitioner further contends that the request made in the application referred to in Ext.P3 ought to have been considered having regard to Ext.P1 order, dehors the stipulations in G.O.(P) No.45/91/P & ARD dated 30.12.1991. W.P.(C) No.8050 of 2008 5 4. I have considered the submissions made at the Bar by the learned counsel appearing for the petitioner. The petitioner admittedly entered service on 19.6.1976. Though Ext.P1 discloses that his date of birth was corrected the school records, no material has been produced before me to show that prior to the issue of G.O.(P) No.45/91/P & ARD dated 30.12.1991, the petitioner had applied for correction of the date of birth in the service book or that such correction was permitted by the Government. There is total lack of material to indicate that the Government had accorded sanction to correct the date of birth in the service book based on correction ordered by the Commissioner for Government Examinations in Ext.P1 and that it was after such sanction that the Lay Secretary entered the corrected date of birth in the service book. Therefore, this Court will have to proceed on the basis that the petitioner had not moved for correction of the date of birth in the service records prior to 30.12.1991. W.P.(C) No.8050 of 2008 6 5. The Government Order dated 30.12.1991 stipulates a time limit of five years from the date of entry in the service and in the case of existing employees, a time limit of one year from the date of the Government Order to move the Government for correction of the date of birth in the service records. The petitioner has not produced any material to show that within one year from the date on which G.O.(P) No.45/91/P & ARD dated 30.12.1991 was issued, he had moved the State Government for correction of the date of birth in the service book. Paragraph 5 of the Government Order dated 30.12.1991 specifically recites that applications for condonation of delay and for entertainment of applications in relaxation of the condition regarding the time limit shall be summarily rejected. In other words, when the Government issued the order dated 30.12.1991, it does not reserve with it the power to relax the rigour of the stipulations therein. Even according to the petitioner, it was only on 14.11.2005 that he moved the Government for correction of the date of birth in the service book. In the light of the W.P.(C) No.8050 of 2008 7 stipulations in the Government Order dated 30.12.1991, the said application could not have been entertained. Therefore, the stand taken by the Director of Health Services in Ext.P5 and the resultant action taken by the respondents to relieve the petitioner from service on 31.8.2007 cannot be said to be illegal or contrary to the provisions contained in the Rules governing the service conditions of government employees. Such being the situation, I hold that there is no merit in the Writ Petition. The Writ Petition fails and is accordingly dismissed. P.N.RAVINDRAN, JUDGE nj.