IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 13TH NOVEMBER 2008 / 22ND KARTHIKA 1930 WP(C).No. 32807 of 2007(E) ---------------------------------------- PETITIONER(S): ----------------------- B.SASIDHARAN PILLAI, ADDITIONAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. BY ADV. SRI.ELVIN PETER P.J. RESPONDENT(S): -------------------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY, FINANCE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, P & A.R.D. DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.MOHAMMED FAZIL M.P. FOR R1-2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.32807/2007 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE ORDER DT. 4.4.77 OF THE IST RESPONDENT. P2:- COPY OF THE ORDER DT. 5.9.77 OF THE COMMISSIONER FOR GOVERNMENT EXAMINATIONS, THIRUVANANTHAPURAM. P3:- COPY OF THE 3RD PAGE OF THE S.S.L.C. BOOK FO THE PETITIONER. P4:- COPY OF THE ORDER DT. 22.1.72 OF THE GOVERNMENT. P5:- COPY OF THE ORDER DT. 16.6.75 OF THE GOVERNMENT. P6:- COPY OF THE SUBMISSION DT. 1.10.77 OF THE PETITIONER. P7:- COPY OF THE RELEANT PAGE OF THE SERICE BOOK OF THE PETITIOENR EVIDENCING THE CORRECTION OF HIS DATE OF BIRTH. P8:- COPY OF THE JUDGMENT DT. 22.1.03 IN OP. NO.14813/92. P9:- COPY OF THE ORDER DT. 19.5.89 OF THE IST RESPONDENT. P10:- COPY OF THE REPRESENTATION DT. 16.6.89 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT. P11:- COPY OF THE ORDER DT. 4.10.89 OF THE GOVERNMENT. P12:- COPY OF THE REPRESENTATION DT. 12.1.90 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT. P13:- COPY OF THE ORDER DT. 30.12.91 OF THE GOVERNMENT. P14:- COPY OF THE REPRESENTATION DT. 10.3.92 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT. P15:- COPY OF THE ORDER DT. 20.3.93 OF THE IST RESPONDENT. P16:- COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER IN APRIL 2003 BEFORE THE IST RESPONDENT. P17:- COPY OF THE ORDER DT. 22.5.03 OF THE IST RESPONDENT TO THE PETITIONER. P18:- COPY OF THE REPRESENTATION DT. 29.9.06 SUBMITTED BY THE PETITIONER TO THE IST RESPONDENT. P19:- COPY OF THE COMMUNICATION DT. 26.6.07 SENT BY THE IST RESPONDENT DT. 26.6.07 SENT BY THE IST RESPONDENT TO THE PETITIONER. P20:- COPY OF THE PROCEEDINGS AVAILABLE IN FILE NO.75828/ADMN. A1/06/FIN RETAINED IN THE FINANCE DEPARTMENT AND P&ARD DEPARTMENT. P21:- COPY OF THE ORDER DT. 14.9.07 ISSUED BY THE IST RESPONDENT TO THE PETITIONER. /TRUE COPY/ P.A. TO JUDGE tss P.N.RAVINDRAN, J. ====================================== W.P.(C)No. 32807 of 2007 ====================================== Dated this the 13th day of November 2008 JUDGMENT The petitioner is presently working as Additional Secretary to Government in the Finance Department. He entered service as Typist in the Law Department on 25.6.1976. At the time of entry in service, the petitioner's date of birth in the school records was 20.11.1953. The said date of birth was entered in the service records also. After the petitioner entered service, he moved the Commissioner for Government Examinations for correction of the date of birth in the school records from 20.11.1953 to 27.10.1954. The said request was granted by Ext.P2 order dated 5.9.1977. Pursuant to Ext.P2, in the Secondary School Leaving Certificate issued to the petitioner, his date of birth was corrected as 27.10.1954. Armed with Ext.P2 and the corrected Secondary School Leaving Certificate, he moved the Government by submitting Ext.P6 representation. The petitioner states that relying on Ext.P2 and the entries in Ext.P3, the Under Secretary to Government, Law Department corrected his date of birth in the service book as 27.10.1954 instead of 20.11.1953, the date originally entered. The petitioner also states that the said correction was also attested by the Under Secretary to Government, Finance Department. It appears that later an W.P.(C)No.32807/2007 2 objection was raised that the date of birth in the petitioner's service book was altered without the permission of the Government. Thereupon Ext.P9 memo dated 19.5.1989 was issued informing the petitioner that in the absence of a Government order permitting correction of the date of birth in the service book, the date originally entered, viz. 20.11.1953 will stand. 2. Aggrieved by Ext.P9, the petitioner submitted Ext.P10 representation before the Commissioner and Secretary to Government, Finance Department. By Ext.P11 letter dated 4.10.1989, the Government informed the petitioner that in the absence of a Government order, the date of birth entered in the service book cannot be altered. However, the petitioner was informed that he may make a formal request before the Government with sufficient proof, if he desires to have the date of birth in the service book corrected on the basis of the corrected date of birth in the school records. The petitioner thereafter submitted Ext.P12 representation dated 12.1.1990. While the said representation was pending, G.O.(P)No.45/91/P&ARD dated 30.12.1991 (Ext.P13) was issued, prescribing the guidelines for correction of the date of birth in the service records. One of the stipulations is that existing employees should apply for correction W.P.(C)No.32807/2007 3 of the date of birth within one year from the date of the Government order subject to the condition that the application is beyond a period of two years from the date of retirement from service. 3, In the light of Ext.P11 letter and Ext.P13 Government Order, the petitioner submitted Ext.P14 representation for correction of the date of birth in the service records. By Ext.P15 letter dated 20.3.1993, the Government declined to grant that request. The petitioner did not challenge Ext.P15. Nearly 10 years thereafter, he submitted Ext.P16 representation dated 16.4.2003 to the Hon'ble the Chief Minister. By Ext.P17 letter dated 22.5.2003, the Government informed the petitioner that his request cannot be entertained. The petitioner did not challenge Ext.P17 also. Instead he submitted Ext.P18 representation dated 29.9.2006 before the Principal Secretary to Government, Finance Department. That request was also turned down by Ext.P21 letter dated 14.9.2007. In this writ petition, the petitioner challenges Exts.P9, P11, P15 and P21 and prays for a writ in the nature of mandamus commanding the respondents to correct his date of birth in the service records as 27.10.1954 instead of 20.11.1953. 4. I have considered the submissions made at the Bar by Sri.Elvin Peter, the learned counsel appearing for the petitioner W.P.(C)No.32807/2007 4 and Sri.Mohammed Fazil M.P., the learned Government Pleader appearing for the respondents. The learned counsel for the petitioner contends that the rejection of the petitioner's application for correction of the date of birth, made within the time limit stipulated in Ext.P13 Government Order was arbitrary and illegal. Per contra, the learned Government Pleader contends that the petitioner who did not choose to challenge Ext.P15 in time and woke up only after a decade, cannot at this distance of time invoke the discretionary jurisdiction of this Court under Article 226 of the Constitution of India and canvass the validity of Ext.P15 and other related orders. 5. The pleadings disclose that as early as in the year 1989, when Ext.P9 memo was issued, the petitioner was alerted that without Government Orders, his date of birth as entered in the service book cannot be altered. He thereafter moved the Government for correction of the date of birth and ultimately by Ext.15 memo dated 20.3.1993, he was informed that his request cannot be entertained. The petitioner, who did not demur for a decade, moved the Hon'ble the Chief Minister on 16.4.2003 by submitting Ext.P16 representation. The request therein was rejected by Ext.P17 memo dated 22.5.2003. The petitioner kept quiet even thereafter. Later, after the expiry of more than 3 W.P.(C)No.32807/2007 5 years, he again moved the Government by submitting Ext.P18 representation. That request was also rejected by Ext.P21 letter dated 14.9.2007. This writ petition was thereupon filed on 5.11.2007. 6. On the materials on record, it is evident that the petitioner is guilty of delay and latches. The petitioner's first request for correction of the date of birth in the service book was rejected on 20.3.1993. For merely a decade, he did not challenge Ext.P15. He thereafter moved the Hon'ble the Chief Minister and that request was rejected on 22.5.2003. Three years later, he again moved the Government and that request was also rejected by Ext.P21 letter dated 14.9.2007. In my considered opinion, the petitioner who did not challenge Ext.P15 issued more than 15 years back cannot now question the validity of the said order or the subsequent orders issued by the Government. Ext.P15 attained finality more than 15 years back. Instead of challenging the said order the petitioner kept quiet for a decade. He woke up from his slumber after a decade and moved the Hon'ble the Chief Minister. That request was also rejected in the year 2003. He slept over the matter for another three years and moved the Government thereafter resulting in Ext.P21. On an over all view of the matter, it is crystal clear that the claim made by the petitioner in this writ W.P.(C)No.32807/2007 6 petition is highly belated. The petitioner who did not challenge Ext.P15 in time and has slept over his rights, cannot claim or be granted the reliefs prayed for in this writ petition. The writ petition fails and is accordingly dismissed. P.N.RAVINDRAN, JUDGE css/