N.K. NARAYANAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE Judgment of this Court was delivered by Balakrishna Eradi,J. - The appellant before us entered service in the Excise Department of the erstwhile Travancore State as a Clerk in 1119 M.E.In course of time he got promotions to higher grades and was ultimately appointed to the category of Assistant Excise Commissioner on 24th June 1970.The date of birth of the appellant as entered in his service book was 11th Karkadakam 1092 M.E.which corresponds to 20th July 1917.Going by the said date the appellant was to retire from service on superannuation on 26th July 1972.Shortly before that the appellant filed a petition dated 15th June 1972 before the State Government requesting for a correction of the entry regarding his date of birth contained in his service register on the ground that his correct date of birth was 2nd Makaram 1095 and not 11th Karkadakam 1092 as entered in the service register.It was submitted in Ext.P -2 that the entry in the service book had been made on the basis of the corresponding entry contained in his elementary school leaving certificate book wherein by an accidental clerical error a wrong date had been entered.Simultaneously,the appellant also applied to the Commissioner for Government Examinations for a correction of the entry relating to his date of birth as contained in the E.S.L.C.Book.The appellant was informed by the Government as per Ext.P -3 dated 7th July 1972 that the request made by him in Ext.P -2 for correction of the date of birth as entered in the service register was rejected on the ground that it was highly belated.On 12th July 1972 the Commissioner for Government Examinations by his proceedings evidenced by Ext.P -4 accorded sanction under R.3 of Chap.6 of the Kerala Education Rules to correct the date of birth of the appellant as 2nd Makaram 1095/15th January 1920 in the records of the St.John's Syrian High School,Vadakara,Koothattukulam and in the E.S.L.C.Book of the appellant.Relaying on the order so passed by the Commissioner for Government Examinations the appellant again moved the Government by the representation Ext.P -5 dated 13th July 1972 to effect a correction of his date of birth as entered in the service book by substituting the date 2nd Makaram 1095 in the place of 11th Karkadakam 1092 as originally entered.This request was also turned down by the Government by its order Ext.P -7 dated 21st July 1972.Thereupon the petitioner came up to this court by filing O.P.No.3500 of 1972 wherein he sought to quash the orders Exts.P -3 and P -7.That writ petition was disposed of by Gopalan Nambiyar,J.by judgment dated 26th October 1972,of which Ext.P -31 is a copy.In that judgment this court held that the Government had not considered all the relevant aspects before the appellant's application for correction of the date of birth was turned down summarily by the orders Exts.P -3 and P -7 on the ground that the request had been made within two years of the scheduled date of retirement.In this view the orders Exts.P -3 and P -7 were quashed and the Government was directed to reconsider the appellant's application for correction of his date of birth and pass orders thereon in accordance with law.

(2.) PURSUANT to the above direction given by this court the Government reconsidered the whole matter in detail and finally passed the order Ext.P -38,dated 30th May 1973 rejecting the appellant's request for correction of the date of birth.In the said order the Government have relied on the fact that the petitioner having been in the service of the Travancore and Travancore Cochin Governments had adequate opportunities to rectify any errors in the entries in his service book relaying to his date of birth since the Travancore Cochin Government by a Circular,dated 30th January 1950 had specifically allowed all non gazetted officers in its service to apply for rectification of such defects in the service records within a period of three months from 1st February 1950 and thereafter by another Circular,dated 31st June 1950 the aforesaid period was extended by three months from 1st May 1950.The Government have proceeded to state in its order that it was after taking note of the fact that such adequate opportunities had been already extended to such personnel that the Government issued orders as per G.O.MS.345/PD .,dated 27th June 1962 that the correction of date of birth in service books in respect of Government servants of the erstwhile Travancore Cochin Government,who entered service before 1st August 1950 would be allowed only if the correction is not to the advantage of the person concerned.In Ext.P -38 Government have also pointed out that even in respect of officers who are not governed by the G.O .,dated 27th June 1962 a limitation has been imposed by G.O.MS.39/72/PD .,dated 22nd January 1972 that save in exceptional cases where it is adequately made out that the for correction or alteration of the date of birth at any earlier stage,requests for correction of date of birth will not be allowed within two years of the date of retirement.The order(Ext.P -38)wound up stating that the appellant had ample opportunity prior to the issue of the G.O .,dated 27th June 1962 to get the mistake,if any,in his service record corrected and since he had not chosen to avail of those opportunities the belated request made by the appellant could not be countenanced in view of the specific provision contained in the G.O .,dated 27th June 1962.

(3.) ALTHOUGH there may be some truth in the appellant's case that his correct date of birth is 2nd Makaram 1095(15th January 1920 ),as had been entered in the admission register of the St.John's Syrian High School,Vadakara and that a clerical mistake had been committed while carrying forward the said entry into the Transfer Certificate issued to the appellant from the said school and that error was later repeated in the appellant's E.S.L.C.Book and his Service Book wherein the entry in the E.S.L.C.Book was relied on,we do not find any scope for interference with the decision taken by the Government as per Ext.P -38 that the appellant's request for a correction of the date of birth could not be granted.As rightly pointed out by the learned Single Judge,the appellant,who was in the service of the Travancore Cochin Government,must have been fully aware of the Circulars,dated 30th January 1950 and 21st June 1950 issued by that Government allowing an opportunity to all Non Gazetted Officers in its service to rectify their service records by correcting the entries relating to their Hates of birth,if the existing entries were incorrect and that the appellant has only himself to thank for omitting to avail himself of those opportunities.The learned Single Judge has upheld the contention of the State Government that in respect of officers who had entered service in Travancore -Cochin before 1st August 1950 there is no obligation on the part of the Government to entertain or consider requests made by them for correction of date of birth in view of G.O.MS.345/PD .,dated 27th June 1962.