PONNAPPAN Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER is a Field Officer working in the Animal Husbandary Department. His application for correction of date of birth in the service book had been turned down by Government as per Exts.P8 and P12. That is why he is before this court impugning the said orders.

(2.) AS per the rules contained in the Kerala Service Rules, on entry in service, a service book has to be opened and the date of birth has to be entered in the service book as contained in the school records. In the service book, the date of birth of the petitioner is entered as 21-12-1945 as was shown in his S.S.L.C. Book. While so, far later in 1986, on the strength of a birth certificate issued from the Panchayat, the petitioner found that his date of birth is 22-12-1946. Accordingly, petitioner made Ext. P3 application dated 15-10-1992 before the second respondent the Director of Animal Husbandary, Trivandrum, to correct the date of birth entered in the service book. At that time, the authority to order correction was the Government and not the second . respondent. Moreover, the petitioner also had not obtained the corresponding correction in the school records in tune with the birth certificate Ext. P1. There was a delay in that regard and that was condoned and finally, the petitioner obtained orders in 1996 to correct the date of birth entered in the school records as 22-12-1946 instead of 21-11-1945. Correction effected is as contained in Ext. P6. Thereupon, the petitioner represented, in Ext. P7 dated 25-9-1996 before Government to correct the date of birth entered in his service book. That was rejected as per Ext. P8 which reads as follows: "I am to invite a reference to the representation cited and to inform you that you have not submitted application to Govt. for sanction to correct your date of birth in service records within time limit specified in G.O.(P) No.45/91/P & ARD dated 30-12-1991. Hence your request cannot be considered."

(3.) AN incumbent does not have a right to get the date of birth corrected unless any rule or Government Order provides so. At the relevant time, if Ext. P14 was not there, petitioner would not have got the right to approach the Government. Petitioner applied on that basis also. In such circumstances, petitioner has to strictly conform to Ext. P14 which provides for a time limit as well. The time limit prescribed in Ext. P14 is an inseparable part of that order, which makes a Government servant eligible to apply for correction of date of birth. When that order provides for a time limit, beyond that time limit, one cannot seek correction of date of birth. Therefore, the view taken in Exts.P7 and P8 are perfectly justified.