RAGHAVAN PILLAI Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner is a Havildar driver in the Police Department.He joined service at first in the Second Travancore Infantry of the Travancore StateLater on,he joined the Travancore -Cochin.Police in the erstwhile Travancore -Cochin State and continued in the Police Department.The date of birth entered in his Service Register was 15th November 1914.Alleging that that is incorrect and that he was born on 31st October 1916 he made an application to correct the date of birth in the Service Register.In support of his representation he pro­duced a copy of the admission register of the Government High School,West Quilon,which showed that one N.Raghavan Pillai was admitted for study in the school on 20th Edavam 1097 and he left the school on 28th Mithunam 1099.The date of birth was shown in the register as 31st October 1916.This representation for correction was rejected by the Commissioner of Police,Trivandrum,by Ext.P -2 order on the ground that as per G.O.( P)No.586/ Edn .,dated 17th December 1960 no correction in regard to age in the service book will be permitted unless it is a clerical error.Against that order he filed O.P.No.4570 of 1969 before this court.This court set aside the order and directed the Inspector -General of Police to consider and dispose of afresh the petitioner 's representation for correc­tion of his date of birth on its merits within two months from that date.The 2nd respondent,namely,the Inspec­tor -General of Police,considered the representation on its merits and passed an order produced in this case as Ext.P -5 on 24th January 1970.In that order the Inspector -General of Police stated,that he did not consider that any justifiable ground has been made out to alter the date of birth from 15th November 1914 to 31st October 1916 as requested by the petitioner.The correctness of this order is challenged in this writ petition.

(2.) THE 2nd respondent has filed the counter -affidavit stating that he examined all the facts and circumstances afresh but the materials placed before him were found to be insufficient to alter the date of birth shown in the Service Book.