P. V. VARGHESE Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is now working as Assistant Engineer in the Service of the Kerala State Electricity Board. He has approached this Court seeking a direction to respondents 2 and 3 to correct the petitioner's date of birth as 10.9.1994, and also a writ of certiorari to quash Ext. P9 order rejecting the petitioner's request for correction of date of birth in his service records.

(2.) Petitioner is due to retire on 30.9.1997, going by the entries made in the service records. The date of birth entered in the service records of the petitioner is 9.9.1942. According to petitioner the said entry is wrongly made, since incorrect date of birth happened to be entered in the SSLC book. Petitioner submits his correct date of birth is 10.9.1944 and he need retire only on 30.9.1999.

(3.) Government issued an order dated 30.12.1991 pertaining to correction of date of birth of employees in Government service. Government noticed the growing tendency on the part of the Government employees to get the date of birth corrected when they are about to retire from service. Eventhough Government felt there was no necessity of even granting any opportunity to the employees for getting the date of birth corrected in the service records, Government still thought an opportunity be granted in bona fide cases. In modification of the various earlier orders, it was ordered that applications for correction of date of birth should be submitted to Government in the Administrative Department concerned, through proper channel, within a period of five years from the date of entry into service. However, in the case of those who are already in service, they have to submit the applications within a period of one year from the date of the Government order, provided they apply beyond the two year preceding retirement, reckoned with reference to the date of birth as recorded in the Service Book. It is also provided in the said order, applications should be supported by attested copies of the SSLC/ SSC Book or extract of school record as corrected. Applications for condonation of delay and for entertainment of applications in relaxation of the condition regarding time were ordered to be rejected summarily.