IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 6TH NOVEMBER 2008 / 15TH KARTHIKA 1930 WP(C).No. 11652 of 2005(K) ---------------------------------------- PETITIONER(S): ------------------------ K.G. GOPALAKRISHNAN, DEPUTY TAHSILDAR, TALUK OFFICE, THALAPPALLI, TRICHUR, RESIDING AT KUNNATH HOUSE, AVANOOR P.O., TRICHUR. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE (C) DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DISTRICT COLLECTOR, TRICHUR. GOVERNMENT PLEADER SRI. P.NANDAKUMAR FOR R1&R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.11652/2005 K APPENDIX PETITIONER'S EXHIBITS: EXT.P1: RELEVANT EXTRACT OF THE ADMISSION REGISTER DTD. 28/06/1985. EXT.P2: COPY OF THE EXTRACT OF THE ADMISSION REGISTER OF ANMUP SCHOOL, MANITHARA DTD. 31/03/1986. EXT.P3: COPY OF THE REPRESENTATION DTD. 20/09/1986. EXT.P4: COPY OF THE NOTICE NO.D1-11148/87 DTD. 9/10/1987. EXT.P5: COPY OF THE REPRESENTATION DTD. 21/10/1992. EXT.P6: COPY OF G.O.(RT) NO.1489/93/G.EDN. DTD. 20/04/1993. EXT.P7: COPY OF THE ORDER NO.K.DIS./EX-B5/19797/02/CGE DTD. 1/10/2003. EXT.P8: COPY OF THE LETTER NO.A3-52585/03 DTD. 11/11/2003. EXT.P9: COPY OF ORDER NO.86912/C2/2003/RD DTD. 7/02/2004. EXT.P10: COPY OF THE REPRESENTATION DTD. 10/06/2004. EXT.P11: COPY OF THE LETTER NO.41460/C2/2004/RD DTD.20/08/2004. EXT.P12: COPY OF THE REPRESENTATION DTD. 21/12/2004. EXT.P13: COPY OF THE G.O.RT.NO.226/2004/F AND WLD DTD.1/06/2004. EXT.P14: COPY OF THE G.O.RT.NO.5263/93/CS DTD. 18/09/1993. EXT.P15: COPY OF G.O.RT.NO.2387/04/HOME DTD. 30/10/2004. EXT.P16: COPY OF THE LETTER NO.2365/C2/05/RD DTD. 10/03/2005. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss P.N. RAVINDRAN, J. --------------------------------- W.P(C) No. 11652 of 2005 ------------------------------ Dated this the 6th day of November, 2008 J U D G M E N T The petitioner is presently working as Deputy Tahsildar in the Revenue Department. In the service book, his date of birth is entered as 20/11/1953. Relying on Ext. P2 extract from the birth register wherein his date of birth is recorded as 27/10/1955, the petitioner moved the Assistant Collector, Thrissur by submitting Ext.P3 representation dated 20/9/1986 for correction of the date of birth in the service book. As per the rules governing the field, the date of birth in the service book could have been corrected only by the Government after the school records are corrected. The petitioner was able to get the date of birth corrected in school records only by Ext. P7 order dated 1/10/2003. He thereafter moved the Government for correction of the date of birth in the service records. The said request was rejected by Ext. P9 letter dated 7/02/2004 on the ground that it was not submitted within the period prescribed in G.O.(P) No.45/91/P&ARD dated 30/12/1991. The petitioner again moved the Government and those requests were turned down by Exts. P11 and P15. In this writ petition, the petitioner challenges Ext. P9, P11 and P15 and seeks a declaration that he is entitled to have the date of birth in the service book corrected as 27/10/1955. W.P(C) No. 11652 of 2005 2 2. By Ext. P7 order dated 1/10/2003, the Commissioner for Government Examinations permitted correction of the date of birth in the school records from 20/11/1953 to 27/10/1955. Thereafter, the petitioner moved the Government and his requests were rejected by the impugned orders. The rules governing correction of the date of birth in the service book presently in force were issued in G.O(P) No.45/91/P&ARD dated 30/12/1991. At the time when the said Government order was issued the petitioner was in service. As per the said Government order, application for correction of the date of birth in the service book has to be submitted after the date of birth in the school records is corrected, within a time limit of 5 years from the date of entry in service. As regards existing employees, it is stipulated that the application should be made within one year from the date of the Government order. Paragraph 5 of the Government order dated 30/12/1991 stipulates that applications for condonation of delay and for entertaining applications in relaxation of the condition regarding time limit shall be summarily rejected. 3. The petitioner does not dispute the fact that he moved the Government which is the competent authority to correct the date of birth in the service records only after the expiry of the period W.P(C) No. 11652 of 2005 3 prescribed in the Government order dated 30/12/1991. Therefore, the petitioner cannot successfully challenge Exts. P9, P11 and P15. However, the petitioner relies on Exts. P13 and P14 orders passed by the Government. Ext. P13 discloses that the application for correction of date of birth was made by the employee concerned on 12/06/1986. Ext. P14 discloses that the Government have in the case of another employee entertained an application dated 28/08/1992 for correction of the date of birth. The Government order dated 30/12/1991 prescribes an outer time limit of one year from the date of the Government order for existing employees. The application made by the beneficiary of Ext. P14 order is dated 28/08/1992. Therefore the said application was one filed within time. The case of the petitioner is not in my opinion similar to the cases dealt with in Exts.P13 and P14. For the reasons stated above, I hold that there is no merit in the challenge to Exts. P9, P11 and P15. The writ petition fails and is accordingly dismissed. P.N. RAVINDRAN, JUDGE bps