IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 3RD FEBRUARY 2009 / 14TH MAGHA 1930 WA.No.29 of 2009 -------------------- AGAINST THE JUDGEMENT IN WP(C).8050/2008 Dated 14/10/2008 .................... APPELLANT - : PETITIONER IN THE WRIT PETITION: ------------- M.GEEVARGHESE, PARAYIL PUTHEN VEEDU, THAZHAKKARA P.O., MAVELIKKARA. BY MR.GEORGE VARGHESE (PERUMPALLIKUTTIYIL), ADVOCATE. MR.A.R.DILEEP, ADVOCATE. RESPONDENTS - RESPONDENTS IN THE WRIT PETITION: ------------------ 1. STATE OF KERALA, REPRESENTED BY THE 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. BY GOVERNMENT PLEADER THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 03/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & P.R. RAMACHANDRA MENON, JJ. ------------------------------------------ Writ Appeal No.29 OF 2009 ------------------------------------------ Dated this the 3rd day of February, 2009. J U D G M E N T Kurian Joseph, J. The appellant is the petitioner in W.P.(C) No.8050/2008. The writ petition was filed in the matter of correction of date of birth. According to the appellant-writ petitioner, going by the correction in the S.S.L.C book and consequential entry in the service book made apparently in the year 1980, the petitioner need to have retired from service only on 31.01.2009. Learned Single Judge dismissed the writ petition on the ground that the correction of date of birth in the service records has not been made in terms of G.O.(P)No.45/91/P&ARD dated 30.12.1991 on or before 30.12.1993. 2. When the writ appeal came up before us, we directed the Government Pleader to make available the records. From the records, we find that the writ petitioner is a class-IV employee. W.A.No.29/09 2 He entered service as an Attender Grade-II on 19.06.1976. Shortly thereafter it was realized that his date of birth in the S.S.L.C book and the consequential entry in the service book as 04.08.1952 was incorrect and hence steps were taken for correction of date of birth in the school records. The Commissioner for Government Examinations corrected the date of birth as per Exhibit P1 order dated 04.07.1980. The correct date of birth as per Exhibit P1 is 14.01.1954. The writ petitioner at that time was working under the Taluk Hospital, Mavelikkara. The Controlling Officer was the Lay Secretary/Senior Superintendent who is the custodian of the service book. 3. It is seen that the writ petitioner had produced Exhibit P1 correction of date of birth in the S.S.L.C book before the Controlling Officer and accordingly, entry in the service book was corrected by the Controlling Officer/Lay Secretary some time in 1980 (the exact date is not available since the records are very old). It is further seen from the records that in 1995, after 15 years of the entry of the corrected date of birth by the custodian of the service book, it was noted by the audit party that the W.A.No.29/09 3 correction of date of birth in the service book was not made in accordance with law. The correction could have been done only with the sanction from the Government. The matter was intimated to the writ petitioner. It is seen that the objection itself is noted in the service book. 4. According to the appellant-writ petitioner, being a class- IV employee, he requested the custodian of the service book to take up the matter since the entry had already been corrected in the service book 15 years back. Thereafter, it is seen that there is no correspondence. However, close to his retirement, he was informed that he should retire from service by the end of August 2007, going by the date of birth as originally entered at the time of entering in service in the year 1976. Realizing that no steps had been taken for correction of date of birth by the Government in the service book, the writ petitioner submitted an application before the Government through proper channel. That application was rejected as per Exhibit P5. It was at that juncture petitioner approached this Court. W.A.No.29/09 4 5. Having heard the learned counsel appearing for the appellant and the learned Senior Government Pleader, and going through the records, we are of the view that the learned Single Judge has not approached the issue in the proper perspective. This is not a case of the incumbent making a last minute attempt for correction of date of birth. This is not a case where steps for correction of date of birth were taken after G.O.(P) No.45/91/P&ARD dated 30.12.1991. This is a case where steps for correction of date of birth in the S.S.L.C book had already been taken soon after entering in service in the year 1976. 6. Being a last grade employee, the appellant submitted the corrected date of birth in the S.S.L.C book before the Controlling Authority, the custodian of the service book, since the original entry in the service book was made by the Controlling Authority. The said authority, going by the corrected date of birth, made the appropriate entry in the service book. The appellant continued in service with the corrected date of birth for over 15 years. Then alone the audit objected. If an ill- informed last grade employee admittedly made the submission W.A.No.29/09 5 before the custodian of the service book, the well-informed custodian, in case he was not competent to make the entry, should have taken up the matter before the Government for appropriate sanction. The poor class-IV employee knows only about the date of birth in the school records and the entry made by his Controlling Authority thereafter. That apart, by the correction of date of birth in the service records, nobody is going to be affected also since for all purposes the corrected entry in the service book was made in the year 1980 and that situation continued for over 27 years. The interests of justice in such circumstances would demand that a declaration is given by this Court, to give a quietus for further litigation in the matter. In view of the fact that the appellant is only a class-IV employee, he shall be deemed to have retired from service on 31.01.2009 at least on a notional basis. However, it is only appropriate that a further clarification is also made to the effect that the appellant shall not be entitled for actual wages for the period from 31.08.2007 to 31.01.2009. For all other service benefits, it shall be treated that the appellant W.A.No.29/09 6 has continued in service till 31.01.2009. The pensionary benefits shall be computed in terms of the declaration and the pension and other benefits fixed and eligible benefits shall be disbursed to the appellant within a period of four months from the date of production of a copy of this judgment along with the required documents before the appointing authority. This writ appeal is disposed of as above. KURIAN JOSEPH JUDGE P.R. RAMACHANDRA MENON JUDGE smp W.A.No.29/09 7 KURIAN JOSEPH & P.R. RAMACHANDRA MENON, JJ. W.A. No. 29 OF 2009 J U D G M E N T 03.02.2009