IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 26TH NOVEMBER 2008 / 5TH AGRAHAYANA 1930 WP(C).No. 11514 of 2008(U) -------------------------- PETITIONER(S): --------------- E. SHAHUL HAMEED, PALIYUDETHEKKATHIL, MAZHANGGODI, THODIYOOR P.O., KARUNAGAPPALLY. BY ADV. SRI.K.G.PAVITHRAN RESPONDENT(S): --------------- 1. GENERAL MANAGER, INDIAN RARE EARTHS LTD., CHAVARA. 2. CHAIRMAN & MANAGING DIRECTOR, INDIAN RARE EARTHS LTD., PLOT NO.1207, VEER SAVARKAR MARG, NEAR SIDDHI VINAYAK TEMPLE, MUMBAI-400 028. ADV. SRI.E.K.NANDAKUMAR FOR R1 SRI.A.K.JAYASANKAR NAMBIAR FOR R1 SRI.K.JOHN MATHAI FOR R1 SRI.P.BENNY THOMAS FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ------------------------------- W.P.(C) No.11514 of 2008 ------------------------------- Dated this the 26th November, 2008. J U D G M E N T Heard Sri.K.G.Pavithran, the learned counsel appearing for the petitioner and Sri.E.K.Nandakumar, the learned counsel appearing for the respondents. 2. The dispute involved in this Writ Petition relates to correction of the petitioner's date of birth in the service records. According to the petitioner, his date of birth is 4.5.1954, but was wrongly entered as 19.4.1950 in the service records. It is not in dispute that the provisions contained in F.R.56 of the Fundamental Rules apply to employees of Indian Rare Earths Ltd. Note 6 to F.R.56 reads as follows:- “NOTE 6- The date on which a Government servant attains the age of fifty-eight years or sixty years, as the case may be, shall be determined with reference to the date of birth declared by the Government servant at the time of appointment and accepted by the Appropriate Authority on production, as far as possible, of confirmatory documentary W.P.(C) No.11514/2008 2 evidence such as High School or Higher Secondary or Secondary School Certificate or extracts from Birth Register. The date of birth so declared by the Government servant and accepted by the Appropriate Authority shall not be subject to any alteration except as specified in this note. An alteration of date of birth of a Government servant can be made, with the sanction of a Ininstry or Department of the Central Government, or the Comptroller and Auditor-General in regard to persons serving in the Indian Audit and Accounts Department, or an Administrator of a Union Territory under which the Government servant is serving, if- (a) a request in this regard is made within five years of his entry into Government service; (b) it is clearly established that a genuine bona fide mistake has occurred; and (c) the date of birth so altered would not make him ineligible to appear in any School or University or Union Public Service Commission examination in which he had appeared, or for entry into Government service on the date on which he first appeared at such examination or on the date on which he entered Government service.” W.P.(C) No.11514/2008 3 3. The petitioner admittedly entered service in Indian Rare Earths Ltd. in the year 1973. As per Note 6 to F.R.56, applications for correction of date of birth should be made within five years of entry in service. In the instant case, the petitioner did not admittedly apply within five years of his entry in service. Since the petitioner's application was belated, it was rightly rejected by the respondents. This Court cannot, exercising jurisdiction under Article 226 of the Constitution of India, direct the authorities to ignore a statutory rule and proceed to examine the petitioner's request de-hors the terms of the Rules. As the petitioner did not apply within the time limit stipulated in Note 6 to F.R.56, no relief can be granted to him in this writ petition. The Writ Petition fails and it is accordingly dismissed. P.N.RAVINDRAN, JUDGE nj.