KUNHIKRISHNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner was born on 13-11-1918. By a clerical mistake his date of birth was shown in his Teachers' Training Certificate as 6-9-1916. Consequently, his service book also shows his date of birth as 6-9-1916. By an order of 3-11-1977, the Commissioner for Government Examinations directed correction of the mistaken entry of his date of birth in the T. T. Certificate, and this has been done. Ext. P1, T. T. Certificate now shows the petitioner's date of birth as 13-11-1918. However, his application for correcting his date of birth entered in his service book was rejected by the Government as per Ext P2 proceedings on the ground that the application in that behalf was filed out of time. Petitioner prays for a writ of certiorari quashing Ext. P2 order and for a writ of mandamus directing the Government to correct the entry relating to his date of birth in his service book from 6-9-1916 to 13-11-1918 and to pay the petitioner all salary and allowances on the basis of such correction.

(2.) At the time this writ petition was filed the petitioner was the headmaster of the aided school under the management of the 3rd respondent He retired from service on 31-3-1979. Thus his date of superannuation was reckoned on the basis that his date of birth is 13-11-1918. He continued in service till then by virtue of interim orders passed by this Court and subject to the conditions imposed thereby that he will not be entitled to any pay until further orders. After his retirement this Court directed to fix the petitioner's pension subject to the final result of this original petition excluding the last two years of his service. It has been stated in the affidavit in support of C. M. P. 21079 of 1981 filed on behalf of respondents land 2 that this has been done, though not within the time stipulated in that behalf by this Court.

(3.) Chapter XIV of the Kerala Education Rules, 1959 prescribes the conditions of service of aided school teachers. R.28 in Part A thereof requires that the date of birth of the teacher shall be entered on page 1 of his service book. The Note thereto says that 'the date of birth shall be that in the School Admission Register, Matriculation Book or S. S. L. C. Book'. It is the petitioner's case that his correct date of birth is 13-11-1918. Though he has not produced the School Admission Register. Matriculation Book or S. S. L. C. Book to substantiate the same, his statement that his date of birth is 13-11-1918 is not disputed. He has produced Ext. P1 Teachers' Training Certificate which as corrected shows his date of birth as 13-11-1918. This we assume was on the basis that the date of birth of the petitioner as shown in the Admission Register and his Matriculation or S. S. L. C. book, as the case may be is 13-11-1918. Therefore we proceed on the basis that this is the date of birth of the petitioner as shown in the Admission Register and the Matriculation Book or the S. S. L. C. book, as the case may be. If so that shall be the date of birth entered on page 1 of his service book.