STATE OF KERALA Vs. GOPALAN CHETTIAR

JUDGEMENT

(1.) This is an appeal preferred by the- government against the judgment of the learned single Judge allowing the writ petition, OP 3712 of 1993-P dated 6-4-1993. The matter relates to change of date of birth of the writ petitioner in the service records.

(2.) Writ petitioner's date of birth was originally registered in the service book as20-2-1938. He would have completed 55 years in the normal course on 19-2-1993 and would have had to retire on 28-2-1993, being the end of the month. It appears, that he raised a claim that the date of birth as recorded in the SSLC book is not correct and is required to be changed from 20-2-1938 to 13-3-1939. For the aforesaid purpose, he filed an application on 30-1-1991 (Ext. P4) before the Secretary to Government. However, subsequently the Transport Commissioner, Trivandrum returned the said application of the writ petitioner with the following endorsement on 2-4-1991 as per Ext. P5:

(3.) In reply to the above said elaborate representation, Ext. P6 dated 1-12-1992, government issued final orders as per Ext. P7 dated 27-2-1993 stating that as per the Circular No. 11980/SC3/87/P & ARD dated 3-12-1987 request made by employees to government for the correction of date of birth in their Service Register before two years of their retirement based on the correction of date of birth passed by the Commissioner for Government Examinations will be considered and decided on merits. It further stated as follows: