P GOPALAKRISHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) This LPA is directed against the order of the learned Single Judge dated February 22, 2001 rejecting the writ petition of the appellant claiming direction to the respondents to rectify his date of birth in the official record and thereafter to grant consequential relief allowing the petitioner to serve the respondent till he reaches the age of actual superannuation. The facts lie in a narrow compass;-

(2.) The appellant Joined Government service as a clerk in the postal department. At the time of entry into service he declared his date of birth as 20th January, 1941. Subsequently the appellant claimed that his actual date of birth was 21st January, 1942. He submitted an application before the Joint Commissioner of Government Examinations, Trivandrum for correction of his date of birth entered in the school record. On 23rd December, 1997, the Commissioner of Government- Examinations allowed the application of the appellant. As a consequence of the order of the Joint Commissioner for Government Examinations, SSLC certificate of the appellant was rectified and his date of birth was recorded as 21st January, 1942.

(3.) Some time in the year 1998 the appellant applied to the Government for correction of entry relating to his date of birth in the service record in accordance with the SSLC certificate and the decision of the Joint Commissioner of Government Examinations. The request of the appellant, however, was rejected. Peeling aggrieved by the rejection of his request, the appellant made a further representation to the concerned authority. The request, on being reconsidered in consultation with the department of Personnel and Training, on 25th January, 1999 was again turned down by the Government. Thereafter the appellant filed a writ petition in this court. The learned single Judge noticed that the appellant had filed the application for change of date of birth In the official record after a long delay. The learned single Judge also referred to the note under FR 56, as amended by notification dated 30th November, 1979, which, inter alia, lays down the requisite conditions for effecting change in the date of birth of a government servant.