IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 28TH SEPTEMBER 2010 / 6TH ASWINA 1932 WP(C).No. 29750 of 2010(P) -------------------------- PETITIONER(S): --------------- SMT.K.E.AMMINI, AGED 47 YEARS, W/O.JAYARAM, RESIDING AT KANIKUDY HOUSE, ELAMPARA, NELLIKUZHY.P.O., KOTHAMANGALAM-686 691, ERNAKULAM DISTRICT. NOW WORKING AS NURSING ASSISTANT, PRIMARY HEALTH CENTER, VARAPETTY, VARAPPETTY.P.O., KOTHAMANGALAM. BY ADV. SRI.PEEYUS A.KOTTAM RESPONDENT(S): --------------- 1. STATE OF KERALA, DEPARTMENT OF HEALTH & FAMILY WELFARE, GOVERNMENT SECRETARIAT, TRIVANDRUM-695 001, REPRESENTED BY ITS SECRETARY. 2. DISTRICT MEDICAL OFFICER (HEALTH), DISTRICT MEDICAL OFFICE, ERNAKULAM, COCHIN-682 011. 3. MEDICAL OFFICER IN-CHARGE, PRIMARY HEALTH CENTER, VARAPETTY, VARAPPETTY.P.O., KOTHAMANGALAM, PINCODE-686 691. 4. NELLIKKUZHY GRAMA PANCHAYATH, NELLIKKUZHY, KOTHAMANGALAM, REPRESENTED BY ITS SECRETARY, PINCODE-686 691. 5. REVENUE DIVISIONAL OFFICER, MUVATTUPUZHA, PINCODE-686 661. GOVT. PLEADER SRI. A..J. VARGHESE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 29750 of 2010 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 28th day of September, 2010. J U D G M E N T The petitioner is working as a Nursing Assistant at Primary Health Centre, Varapetty. In her service records, her date of birth is entered as 13-3-1956, which is also the date of birth entered in her SSLC book. The petitioner sought correction of her date of birth in the service records, since, according to the petitioner, her date of birth is 10.12.1962. The petitioner's request for correction has been rejected by Ext. P9 on the ground that the petitioner has not applied for correction within 5 years from the date of entering service, which is the period prescribed as per the relevant Government directions. The petitioner submits that it is not because of any fault of the petitioner that six years' difference happened to be there between the actual date of birth and the date of entry in the service records. The petitioner also relies on the decision of the Supreme Court in Mohd. Yunus Khan v. U.P Power Corporation Ltd., and others, 2009(1) SCC 80. 2. The petitioner has no right to get the date of birth corrected in the service records but for the Government directions. Therefore, the petitioner can avail of that concession with the conditions in the Government direction. There is no dispute that the requirements as per the Government concession insist on submission of the application for correction within 5 years from the date of entry in service. It is specifically stipulated therein that no request to condone delay in W.P.C. No.29750/2010 -: 2 :- filing the same would be entertained even. That being so, I do not find any merit in the challenge against Ext. P9 order. Accordingly, the writ petition is dismissed. Sd/- S. Siri Jagan, Judge. Tds/ [TRUE COPY] P.S TO JUDGE.