IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 3RD MARCH 2011 / 12TH PHALGUNA 1932 WP(C).No. 6638 of 2011(D) ------------------------- PETITIONER(S): --------------- DR.G.NARAYANASWAMY, S/O.N.C.GANGADARAPPA WORKING AS SIENTIST F, GSD, CENTRE FOR EARTH SCIENCE STUDIES AND HAVING PERMANENT RESIDENCE AT 113, 2ND CROSS, NAGAPPA BLOCK, SREERAMAPURAM POST, BANGALORE-560021. BY ADV. SRI.V.SURESH SRI.G.SUDHEER RESPONDENT(S): --------------- 1. CENTRE FOR EARTH SCIENCE STUDIES, REPRESENTED BY ITS DIRECTOR, AAKULAM, THIRUVANANTHAPURAM-695001. 2. KERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY AND ENVIRONMENT, REPRESENTED BY ITS EXECUTIVE VICE-PRESIDENT, THIRUVANANTHAPURAM- 695001. ADV. SRI.P.A.AHAMED, SC, K.S.C.T.E THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 6638 of 2011 ================== Dated this the 3rd day of March, 2011 J U D G M E N T The petitioner is working as a Scientist in the service of the 1st respondent. According to the petitioner, his actual date of birth is 25.6.1953. But in the school records it was wrongly shown as 8.1.1952. By Ext.P5 order of the Additional Chief Metropolitan Magistrate of Bangalore, the petitioner got his correct date of birth entered in the register of births by proceedings under the Registration of Births and Deaths Act. Thereafter, the petitioner filed Ext.P7 application dated 22.11.2010 to correct the petitioner's date of birth in his service records. In the said application, the Registrar of the 1st respondent passed Ext.P8 order informing the petitioner that his request would be considered on production of school certificate with necessary corrections in the date of birth, which was issued pursuant to the directions by the 1st respondent. The petitioner seeks the following reliefs: “A. To grant a writ of certiorari or such other writ, direction or order as the court may consider appropriate calling for the records relating to Ext.P8 and quashing or canceling Ext.P8. B. To grant a writ of mandamus or such other writ, direction or order as the court may consider appropriate directing the 1st respondent to take a decision on Ext.P7 request based on Ext.P6 certificate of birth and without insisting on the production of corrected school records or SSLC book.” w.p.c.6638/11 2 2. I have heard the learned standing counsel for the respondents also. 3. Correction of date of birth is not a right, but it is a concession. That has to be availed of in accordance with the stipulations in the order by which, such concession has been granted. If there are no orders by which correction of date of birth is permitted, then the employee cannot seek correction at all. The 1st respondent company being a Government entity, it must be following the Government orders on the subject. As per the Government orders issued by the Government of Kerala for getting the date of birth corrected in the service records, an employee should file the application for correction of date of birth within five years of entering service or within one year from the date of the Government order. That Government order was issued in December, 1991. The petitioner has no case that the petitioner has filed Ext.P7 application within the time stipulated, insofar as the petitioner has filed application only on 22.11.2010. In that Government order it is specifically stated that no application for codonation of delay shall be entertained by any authority in that regard. It is further specifically stated that the correction of date of birth in the school records is not a ground for automatic correction in the service records unless the employee w.p.c.6638/11 3 applies within the time stipulated. Insofar as the petitioner has not filed the application within the time stipulated, I am not inclined to entertain this writ petition. Even if the said Government order does not apply to the employees of the 1st respondent, the application is highly belated and therefore I am not inclined to exercise my discretionary jurisdiction in favour of the petitioner. Accordingly, this writ petition is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge