IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 14TH JULY 2009 / 23RD ASHADHA 1931 WA.No. 1467 of 2009() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.36561/2008 DT.28.1.2009 .................... APPELLANT/ PETITIONER ------------------------ K.RAMAKRISHNAN, S/O. GOVINDAN NAIR, KOOLAMPATTAVEEDU, P.O.MANALAYA, ANAMANGAD, MALAPPURAM. BY ADV. SRI.SAJU.S.A RESPONDENTS/ RESPONDENTS -------------------------- 1. THE SECRETARY TO GOVERNMENT, DEPARTMENT OF CO-OPERATION, THIRUVANANTHAPURAM. 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, TRIVANDRUM. 3. THE ASSISTANT REGISTRAR (GENERAL), PERINTHALMANNA, MALAPPURAM. 4. ANAMANGAD SERVICE CO-OPERATIVE BANK LTD.NO.F-1182, P.O.ANAMANGAD, MALAPPURAM DISTRICT, THROUGH ITS SECRETARY. SPL.GOVT.PLEADER, SMT.A.G.ANEETHA SRI.DEVIDAS V.K. FOR R4. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 14/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & C.T.RAVIKUMAR, JJ. ---------------------------------------- W.A. No. 1467 OF 2009 ---------------------------------------- Dated this the 14th day of July, 2009 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The petitioner was an employee of the 4th respondent Co-operative Bank. His date of birth as per the S.S.L.C book was 15.1.1951. According to him, the correct date of birth was 17.2.1953. The petitioner did not move in time for correction of the date of birth in the S.S.L.C. book. But, at the fag end of his career, with the support of the resolution of the Managing Committee of his Society, he moved the Government for appropriate reliefs. Government could have granted him relief only by relaxing the Rule 197 invoking its power under Rule 181 of the Co-operative Societies Rules. This Court directed the Government to consider his claim. The Government considered his claim and rejected it by Ext.P11. While passing Ext.P11, the Government relied on the legal position regarding correction of date of birth in relation Government servants. The Government thought that it is not proper to exercise its discretion in this W.A.No.1467/2009 2 case in favour of the petitioner. Feeling aggrieved by Ext.P11, the Writ Petition was filed. The learned Single Judge, dismissed the Writ Petition, taking the view that the decision of the Government cannot be treated as arbitrary or irrational warranting interference under Article 226 of the Constitution of India. Aggrieved petitioner has preferred this appeal. 2. We heard the learned senior counsel, Sri. Krishnanunni, for the appellant. Rule 197 mandates that the entry regarding the date of birth in the service record should be made relying on the school records or the S.S.L.C. Certificate, as the case may be. Therefore, unless the entry in the school records or the S.S.L.C. book is correct, there cannot be any corresponding correction in the service record. In this case, the time limit for correcting the entry in the S.S.L.C. book prescribed under the Kerala Education Rules has already expired. So, the only course open was to correct the service record relaxing the stipulation in Rule 197. For that, the motion was made by the Government, which stood rejected by Ext.P11. The Government noticed that usually such belated claims are W.A.No.1467/2009 3 never entertained in the case of Government servants. Therefore, it was found that this is not a fit case for the Government to exercise its discretion. We fully agree with the view taken by the learned Single Judge that the view taken by the Government cannot be described as arbitrary or irrational warranting interference by this Court. In the result, the Writ Appeal fails and it is dismissed. (K.BALAKRISHNAN NAIR, JUDGE) (C.T.RAVIKUMAR, JUDGE) ps