IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 19TH AUGUST 2009 / 28TH SRAVANA 1931 WP(C).No. 23747 of 2009(S) -------------------------- TA.123/2008 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONER(S): --------------- 1. CHAIRMAN AND MANAGING DIRECTOR, BSNL, NEW DELHI. 2. THE CHIEF GENERAL MANAGER, BSNL, KERALA CIRCLE, THIRUVANANTHAPURAM. 3. THE GENERAL MANAGER, BSNL, ERNAKULAM. BY ADV. SRI.P.M.M.NAJEEB KHAN, SC, BSNL RESPONDENT(S): --------------- 1. V.C.SUKUMARAN, S/O.LATE V.A.CHANDRAN, VATTAPPARA HOUSE, VICHATT LANE, PERUMBAVOOR, ERNAKULAM (DT). 2. THE CENTRAL ADMINISTRATIVE TRIBUNAL, REPRESENTED BY ITS REGISTRAR. BY // THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.P.(C) NO. 23747 OF 2009 --------------------------------------------- Dated this the 19th day of August, 2009 JUDGMENT Kurian Joseph, J. The challenge is against Ext.P5 order passed by the Central Administrative Tribunal, Ernakulam Bench, dated 9.6.2009. The issue pertains to the correction of date of birth. The applicant sought the benefit of Ext.P3 Office Memorandum dated 19.5.1993 which is a clarification with reference to Note 6 below FR 56 published in the Gazette on 15.12.1979. It is stated in Ext.P3 itself that as per the said Note, the employees in service for more than five years prior to 1979 and who could not apply for correction of date of birth, will be eligible to apply for correction of their date of birth for a period of five years after 1979. 2. The main contention is that the applicant made request for correction of his date of birth only on 13.10.1980. He entered service on 23.9.1974. Therefore, his application is beyond time. It is further contended that going by the judgment of the Supreme Court in Union of W.P.(C)NO. 23747/2009 2 India v. Harnam Singh in Civil Appeal No. 502 of 1993, which is extracted in Ext.P3, the benefit of Note 6 below FR 56 will be available only to those who were in service before 1979 and who have completed more than five years before 1979. 3. We are afraid, the contentions cannot be appreciated at all. Those contentions do not even appeal to the common sense. Before 1979 would only mean before 31.12.1979 and not 1978 as sought to be interpreted by the appellants. Also, completion of five years before 1979 would only mean completion of five years of service even in the year 1979 itself. The applicant entered service on 23.9.1974. Therefore, he completed five years of service on 23.9.1979. Note 6 below FR 56 came into effect on 15.12.1979. Therefore, as on that date, the applicant had completed more than five years of service. He was in service prior to 31.12.1979. Therefore, looking at the issue from any angle, having submitted the application for correction of date of birth on 13.10.1980, the application is well within time. That apart, it is also to be seen that the mistake is only in entering the corresponding date of birth while making the entry of Malayalam Era. Be that as it may, the school record, which is the record based on which the correction has been made, having been corrected and since on the basis of the corrected school record the W.P.(C)NO. 23747/2009 3 application having been made, the request for correction of date of birth is well within time. Hence, there is no merit at all in the Writ Petition. The Writ Petition is accordingly dismissed. (KURIAN JOSEPH) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.P.(C)NO. 23747/2009 4 KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. W.P.(C)NO.23747/2009 JUDGMENT 19th August, 2009 W.P.(C)NO. 23747/2009 5