KESAVA PANICKER Vs. STATE

JUDGEMENT

(1.) This is a petition presented under Art.226 of the Constitution of India and S.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 M2-10883/54/RD, dated 22nd June, 1955 rejecting the application of the petitioner, a public servant for correcting his age in the 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. An 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, 1976. This order is wrong. Art.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 30th January 1950 Government issued a Circular (Ext. A) calling upon the Heads of Departments and Offices to issue necessary instructions to their subordinates to get their service records examined and any defects or irregularities in respect of their dates of birth as entered therein rectified on proper proof. A period of three months from 1st February 1950 was allowed for the purpose. On 22nd February 1950 Government issued another circular (Ext. B) in which it was stated that in the case of graduates the entry in the college certificate and that in the case of non graduates the entry in the school records would be accepted as correct age. By another circular (Ext. C) dated 21st June 1950 Government extended the time for correcting mistakes in the service books as regards date of birth by a further period of three months from 1st May 1950. Representations were made to Government that there were persons in Government service who had not attended any recognised school and who are therefore not able to produce school certificates for verification of age as required by the circular dated 22nd February 1950. Question was raised as to whether in such cases the documents mentioned in Art.352F(c) of the Travancore Service Regulations might not be accepted as satisfactory proof of age. In a circular (Ext. D) dated 6th November 1950 Government stated that no general order accepting any document other than college certificate or school records need be issued and that every doubtful case would be considered on its own merits by the Administrative Section of the Government Secretariat and appropriate action taken by Government to accept proper satisfactory proof of age as the circumstances of the case justified.