IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 13TH OCTOBER 2008 / 21ST ASWINA 1930 WP(C).No. 11226 of 2004(J) ------------------------------------- PETITIONER ------------------- C.K.THRESIAMMA, HIGH SCHOOL ASSISTANT, L.S.N. GIRLS HIGH SCHOOL, OTTAPALAM, PALGHAT DISTRICT. BY ADV. SRI.S.ABDUL SALAM RESPONDENTS: ----------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION(A) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT EDUCATIONAL OFFICER, OTTAPPALAM. 3. THE DIRECTOR OF PUBLIC INSTRUCTION, TRIVANDRUM. 4. THE COMMISSIONER FOR GOVERNMENT EXAMINATIONS, KERALA, TRIVANDRUM. GOVERNMENT PLEADER SMT.T.B.RAMANI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.112206/2004 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE ORDER DT. 25.2.2000 PASSED BY THE 4TH RESPONDENT SANCTIONING CORRECTION OF DATE OF BIRTH IN THE SCHOOL BOOK OF THE PETITIONER. P2:- COPY OF THE APPLICATION DT. 10.3.2000 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT THROUGH PROPER CHANNEL. P3:- COPY OF THE ORDER DT. 19.5.2000 PASSED BY THE IST RESPONDENT. P4:- COPY OF THE REPRESENTATION DT. 14.6.2000 FILED BY THE PETITIONER BEFORE THE IST RESPONDENT. P5:- COPY OF THE ORDER DT. 17.11.2000 PASSED BY THE IST RESPONDENT. P6:- COPY OF THE REPRESENTATION DT. 26.12.2000 SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT OF KERALA. P7:- COPY OF THE ORDER DT. 6.6.01 PASSED BY THE IST RESPONDENT. P8:- COPY OF THE G.O.(P) NO.45/91 P& ARD DT. 30.12.1991. /TRUE COPY/ P.S. TO JUDGE tss ANTONY DOMINIC, J. = = = = = = = = = = = = = = = W.P.(C) No. 11226 OF 2004 J = = = = = = = = = = = = = = = Dated this the 13th day of October 2008 J U D G M E N T Challenge in this writ petition is against Exts. P3, P5 and P7. 2. Petitioner is a teacher in an aided school, who has entered service in 1981. In the S.S.L.C. Book, her date of birth was 6.4.1949 and that was entered in the service book of the petitioner. According to the petitioner, the correct date of birth was 28.11.1951 and she got the date of birth corrected in the SSLC Book by Ext. P1 order dated 25.2.2000. Thereafter she made Ext. P2 application dated 10.3.2000 for correction of date of birth and that was rejected by Ext. P3. She pursued the matter with the Government by Ext. P4, resulting in Ext. P5 order, again rejecting her claim. Further representation made was also rejected by Ext. P7. It is in this background the writ petition is filed. 3. The consistent stand taken by the respondents in rejecting the claim of the petitioner is that the application made was a W.P.(C) No. 11226 OF 2004 -2- belated one in terms of G.O.(P) No. 45/91/P&ARD dated 30.12.1991, which is produced as Ext. P8. This itself shows that in the case of those who have already crossed the time limit of 5 years from the date of one's entry into service for making application for correction, a period of one year time from the date of the order shall be allowed, provided they apply beyond the 2 year preceding their retirement reckoned with reference to the date of birth as recorded in the service book. 4. Admittedly, the petitioner's application did not satisfy this condition prescribed in Ext. P8 Govt. Order. If that be so, the rejection of the claim evidenced by the impugned orders is only to be sustained and I do so. Writ petition fails and is dismissed. ANTONY DOMINIC JUDGE jan/-