KESAVA PANICKER Vs. THE STATE

JUDGEMENT

(1.) THIS is a petition presented under Article 226 of the Constitution of India and Section 45 of the Specific Relief Act for a writ of certiorari or other appropriate writs, directions or orders quashing the order passed by the Respondent the State of Travancore -Cochin, R M2 -10,883/54/RD, dated 22nd June 1955 rejecting the application of the Petitioner, a public servant for correcting fist age in tire service book and for a writ of mandamus, directions or orders, compelling the Respondent to reconsider the application in the light of documents produced by him and to bring his date of birth in the service book in conformity with that recorded in other Government records.

(2.) THE averments in the affidavit filed along with the petition are the following: The Petitioner is the Oodukur Settlement Officer, Kuzhithurai. He entered Government service in the year 1115 M. E. as a Magistrate. His date of birth was wrongly entered in the service book as 28th Mithunam 1076. His real date of birth is 28th Mithunam 1080, Au application made by him to correct the mistake was rejected by Government by order dated 22nd September 1943 on the ground that his date of birth as shown in the school records was 28th Mithunam 1076. This order is wrong. Article 352F(c) of the Travancore Service Regulations provides that the following documents shall be considered as satisfactory proof of age of an officer:

(3.) ON 22nd July 1954 the Petitioner presented an. application (Ext. E) before the Government praying for review of the order dated 22nd September 1943 and for entering the date of birth of the Petitioner in his service book as 28th Mithunam 1080. A supplementary application (Ext. F) was also presented by the Petitioner on 15th March 1955. Along with the application dated 22nd July 1954, the Petitioner produced the following records: