MARIAMMA Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS is yet another case for carrying out correction of date of birth in the service records. Large number of cases are coming before this Court as well as before the Government for carrying out necessary correction of date of birth in the service records on the eve of retirement of the employees.

(2.) IN the year 1991, Government felt the growing tendency on the part of Government employees to get the date of birth corrected when they are about to retire, had to be discouraged. Accordingly, Government reviewed the entire matter with due regard to the system followed in the case of Central Government employees. Government felt eventhough a person who joins service is aware of his date of birth at the time of entry into service, still an opportunity be given to him to make correction of his date of birth in bona fide cases. Earlier Government orders prescribed that a government employee can apply for correction of date of birth entered in his Service Book upto the period beyond two years preceding his retirement reckoned with reference to the date of birth as originally entered in the Service Book. Government felt the same would cause considerable difficulties to the Administrative Department, as well as for those who are aspiring for promotion. Government therefore, modified the earlier orders and issued an order dated 30. 12. 1991 stating that applications for correction of date of birth if any needed in the case of a government employee shall be made within five years of one's entry into service. IN the case of those who have already crossed that limit, one year time from the date of that order was allowed, provided they apply beyond the two year preceding retirement, reckoned with reference to the date of birth as recorded in the Service Book. It was ordered that the applications for correction of date of birth in Service Book shall be submitted to Government in the Administrative Department concerned through proper channel. The conditions that such applications, in the case of those who have attended a School, shall be supported by attested copies of SSLC/ssc book or extract of school record as corrected and that mere correction of date of birth in the school record does not entitle the employee for consequential correction of date of birth in service Book. Government has to consider each case on its merits, and pass orders. It was ordered that applications for condonation of delay and for entertainment of applications in relaxation of the condition regarding time limit should be summarily rejected.

(3.) IT is stated on 3. 10. 1996, petitioner submitted the order dated 30. 8. 1996 before the Secretary for Government Examinations for carrying out necessary correction in the SSLC book. IT is the petitioner's case that so far Secretary did not take any action on Ext. P5 request.