RAMACHANDRAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) DATE of birth as entered in the S. S. L. C. and service book was 19-9-1934 corresponding to 2.2.1110 M. E. According to him, the actual date of birth is 26- 9 -1935 corresponding to 10-2-1111 M. E. To have the date of birth corrected in the service records he submitted an application before the Government way back on 3-9-1987. At that time the date of birth in the S. S. L. C. was not corrected. After obtaining orders from Government condoning the delay in approaching the Commissioner for Government Examinations to correct the date of birth in the school records, he approached the Commissioner and got the date of birth corrected in the school records as per order dated 24.3.1988. On getting that date so corrected he informed the Government of that fact as well. But the Government by Ext. P3 order dated 7-9-1989 rejected the application to correct the date of birth in the service records on the ground that the petitioner's application dated 3-9-1987 was filed without getting the date of birth corrected in the school records as stipulated in the circular dated 3-12-1987. That order was set aside in O. P. No. 8041/89 and directed the Government to dispose of the petitioner's application afresh in accordance with law. and in the light of the observations in the judgment. Since the Government did not pass final orders within a reasonable time petitioner moved this court by filing O. P. 4491/90. By judgment dated 28-5-1990 this court directed the Government to pass final order within two weeks there from. In compliance with that order, the Government have now issued Ext* PS order dated 11-6-1990 rejecting the petitioner's prayer for correction of the date of birth in the service records on the ground that the correction in the school records was effected within two years of the date of retirement as per the date entered in the service records and so his application dated 3-9-1987 is devoid of merit. Hence this Original Petition.

(2.) A Copy of this petition was served on the learned Government Pleader. According to him, as per the Government Orders, a Government servant who has attended school can get his date of birth corrected in the service records only alter getting orders from the Commissioner for Government Examinations for correcting the date of birth in the school records. Since the petitioner got the date of birth in the S. S. L. C. and school records corrected within two years of his date of superannuation as per the date entered in the service records, he is not entitled to have the date of birth corrected in the service records.

(3.) IN view of what has been stated above, the only course that is now open to this court is to set aside Ext. P8 order and to direct the Government to take back petitioner's application dated 3-9-1987 and 'to dispose of the same in accordance with law within two weeks from the date of receipt of a copy of the judgment. 1 do so. in case the Government finds that the petitioner's correct date of birth is 26-9-1935 as now entered in the school records and his date of birth in the service records corrected accordingly, his retirement on 30-9-1989 has to be ignored and he is to be treated as continuing in service according to the correct date of birth. He should be given all service benefits including monetary benefits consequent on the correction of the date of birth. Reference may be made to the decision in Writ Appeal No. 198/1990. The Original Petition is disposed of in the above terms.