ANANTHA PAI Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners in O. P. 7048 of 1995 arc working as Deputy Chief Engineers (Civil) under the Kerala State Electricity Board. Petitioners in O. P. 5637 of 1995 are working as Executive Engineers in Civil Division under the Kerala State Electricity Board. Petitioners in both these cases are aggrieved by Exts. P-3 and P-6 orders in O. P. 7048 of 1995 issued by the 2nd respondent by which 4th respondent's date of birth was corrected as 20th September 1941 in the service records. According to the petitioners Exts. P-3 and P-6 orders are issued due to extraneous reasons and in gross violation of Ext. P-4 order G. O. (P) No. 45/91/P.&A. R. D., dated 30th December 1991 issued by the Government laying down the guidelines for effecting the correction of date of birth of Government Employees which has been adopted by the Board by Ext. P-5 order dated 24th January 1992.

(2.) Government issued certain guidelines to be followed vide Ext. P-4 order dated 30th December 1991. in order to curb the tendency on the part of the Government employees to get the date of birth corrected when they are about to retire from service. According to the then existing orders, a Government employee can apply for correction of date of birth entered in his service book up to the period beyond two years preceding. his retirement reckoned with reference to the date of birth as originally entered in the service book. Government however decided to adopt the system followed by the Government of India in this matter. Government accordingly ordered that applications for correction of date of birth if any needed in the case of a Government employee after the date of the order be made within five years of one's entry in service. However, in the case of those who have already crossed this limit, one year time from the date of that order shall be allowed, provided they apply beyond the two years preceding retirement, reckoned with reference to the date of birth as recorded in the service book. It was also provided that the applications for correction of date of birth in service book shall be submitted to Government in Administrative Department concerned through proper channel. It was also provided that the application for condonation of delay and for entertainment of applications in relaxation of the condition regarding time limit shall be summarily rejected.

(3.) The 4th respondent herein had submitted an application on 17th November 1982 before the Commissioner for Government Examinations for alteration of his date of birth from 9th April 1.940 to 20th September 1941 in school records and his qualification certificates. There was delay in submitting the application. But the Government condoned the delay in applying for alteration of date of birth as per R.3, Chap.6 of the K. E. R. application submitted by the 4th respondent was not favourably considered by the Commissioner for Government Examinations and was rejected by order dated 9th April 1985,