MARY Vs. COMMISSIONER FOR GOVT EXAMINATIONS

JUDGEMENT

(1.) Petitioner is a P.D. teacher in the Government Lower Primary Girls Schools, Kothamangalam. Her date of birth, as per service records, is 20-2-1937. That date was entered on the basis of the date of birth entered in the S.S.L.C. book. According to that date, she completes the age of 55 on 19-2-1992. Being a member of the teaching staff she can continue till the last date of the academic year 1-991-92, namely, 31-3-1992.

(2.) Petitioner's correct date of birth, according to her, is 25-10-1939. To get that date of birth entered in the school records, she approached the first respondent Commissioner for Government Examinations. By order dated 29-3-1990, first respondent accorded sanction to correct the date of birth in the school records. In pursuance to that sanction, the date of birth was corrected in the school records as 25-10-1939.

(3.) After getting the date of birth corrected in the school records, petitioner put in Ext. P2 application dated 30-3-1990 to the Government for correcting the date of birth in the service records. By Ext. P3 order dated 24-7-1990 Government rejected her prayer on the ground that her application was within two years of the date of retirement as per the date now entered in the service records and that there is no justifiable reason for condoning the delay in filing that application. Thereupon, petitioner put in a review application. In that application she raised a contention that as per R.60(c) of Part I of the Kerala Service Rules, she has to retire, even as per the date now entered in the service records, only on 31-3-1992 and her application dated 30-3-1990 is well beyond two years of the date of retirement. This contention has been rejected by Ext. P7 order dated 4-10-1990. Thereafter petitioner again filed another review petition before the Government. Government re-examined the entire issue and passed Ext. P8 order dated 17-1-1991 declining the prayer to correct the date of birth in the service records. Hence this Original Petition.