IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 3RD DECEMBER 2008 / 12TH AGRAHAYANA 1930 WA.No. 2321 of 2008() ------------------------------ AGAINST THE JUDGEMENT/ORDER IN WPC.32603/2006 DATED 03/11/2008 .................... APPELLANT/PETITIONER ------------------------------------ P.J.JOSEPH, AGED 59 YEARS, S/O.ULAHANNAN JOSEPH, ASSISTANT DIRECTOR (LIAISON), O/O PGMT, BSNL, CATHOLIC CENTRE, BROADWAY, ERNAKULAM - 31, RESIDING AT HOME NO.62/1888, "PUNNILATH" UNITY LANE, POTTAKUZHY ROAD, KALOOR, COCHIN - 17. BY ADV. SRI.M.A.SHAFIK RESPONDENTS/RESPONDENTS ---------------------------------------------- 1. THE CHAIRMAN CUM MANAGING DIRECTOR, BHARAT SANCHAR NIGAM LTD., NEW DELHI. 2. THE SECRETARY TO THE GOVERNMENT OF INDIA DEPARTMENT OF PERSONAL AND TRAINING, MINISTRY OF PERSONNEL PUBLIC GRIEVANCES AND PENSIONS, NEW DELHI. 3. THE CHIEF GENERAL MANAGER TELECOM BSNL, KERALA CIRCLE, TRIVANDRUM – 33. BY ADDL. CGSC ADV. SMT.AMBIKADEVI. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 03/12/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ J.B.KOSHY & THOMAS P. JOSEPH, JJ. -------------------------------------- W.A.No.2321 of 2008 ------------------------------------- Dated 3rd December, 2008 JUDGMENT Koshy,J . Appellant/petitioner is an employee of the Bharat Sanchar Nigam Limited. He entered service in the Department of Telecommunications on 20.10.1972. According to him, he is a diploma holder. He filed an application for correction of his date of birth in the school records in 1997, with a delay condonation petition and the school records were corrected only on 6.8.1998. Thereafter, he filed an application for correction of his service records. That was rejected. When he got the S.S.L.C. Book and applied for diploma course, he saw the date of birth entered in the school records. While joining the service also he saw the date of birth and entered that date in the service records. Thereafter, when he filed nominations of gratuity, Provident Fund etc. also he was aware of the date of birth entered in the service records as well as the school records. Later, he was absorbed in Bharat Sanchar Nigam Limited from the Telecommunication Department. At that time also he had to file various declarations and he knew the date of birth entered in his service records. As per Fundamental Rule 56, he has to apply for correction of date of birth within five years of entry in service. W.A.2321/2008 2 But, only after 26 years he applied for correction of date of birth. Even applying the dictum laid down in the decision of the Supreme Court in Union of India v. Harnam Singh ((1993) 2 SCC 162), after the expiry of five years from 1979, appellant cannot apply for correction of date of birth in the service records. According to the appellant, he was unaware of the correct date of birth till he received his baptism certificate. That is not a reason at all for relaxing the time limit. At least his parents knew his correct date of birth when he was admitted in the school. No grounds are made out for correction of date of birth after 26 years of service. We see no ground to interfere with the impugned judgment of the learned single Judge. The appeal is dismissed. J.B.KOSHY JUDGE THOMAS P. JOSEPH JUDGE tks