SASIDHARAN PILLAI B Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is presently working as Additional Secretary to Government in the Finance Department. He entered service as Typist in the Law Department on 25/06/1976. At the time of entry in service, the petitioner's date of birth in the school records was 20/11/1953. The said date of birth was entered in the service records also. After the petitioner entered service, he moved the Commissioner for Government Examinations for correction of the date of birth in the school records from 20/11/1953 to 27/10/1954. The said request was granted by Ext. P2 order dated 05/09/1977. Pursuant to Ext. P2, in the Secondary School Leaving Certificate issued to the petitioner, his date of birth was corrected as 27/10/1954. Armed with Ext. P2 and the corrected Secondary School Leaving Certificate, he moved the Government by submitting Ext. P6 representation. The petitioner states that relying on Ext. P2 and the entries in Ext. P3, the Under Secretary to Government, Law Department corrected his date of birth in the service book as 27/10/1954 instead of 20/11/1953, the date originally entered. The petitioner also states that the said correction was also attested by the Under Secretary to Government, Finance Department. It appears that later an objection was raised that the date of birth in the petitioner's service book was altered without the permission of the Government. Thereupon Ext. P9 memo dated 19/05/1989 was issued informing the petitioner that in the absence of a Government order permitting correction of the date of birth in the service book, the date originally entered, viz. 20/11/1953 will stand.

(2.) Aggrieved by Ext. P9, the petitioner submitted Ext. P10 representation before the Commissioner and Secretary to Government, Finance Department. By Ext. P11 letter dated 4/10/1989, the Government informed the petitioner that in the absence of a Government order, the date of birth entered in the service book cannot be altered. However, the petitioner was informed that he may make a formal request before the Government with sufficient proof, if he desires to have the date of birth in the service book corrected on the basis of the corrected date of birth in the school records. The petitioner thereafter submitted Ext. P12 representation dated 12/01/1990. While the said representation was pending, GO (P) No. 45/91/P&ARD dated 30/12/1991 (Ext. P13) was issued, prescribing the guidelines for correction of the date of birth in the service records. One of the stipulations is that existing employees should apply for correction of the date of birth within one year from the date of the Government order subject to the condition that the application is beyond a period of two years from the date of retirement from service.

(3.) In the light of Ext. P11 letter and Ext. P13 Government Order, the petitioner submitted Ext. P14 representation for correction of the date of birth in the service records. By Ext. P15 letter dated 20/03/1993, the Government declined to grant that request. The petitioner did not challenge Ext. P15. Nearly 10 years thereafter, he submitted Ext. P16 representation dated 16/04/2003 to the Hon'ble the Chief Minister. By Ext. P17 letter dated 22/05/2003, the Government informed the petitioner that his request cannot be entertained. The petitioner did not challenge Ext. P17 also. Instead he submitted Ext. P18 representation dated 29/09/2006 before the Principal Secretary to Government, Finance Department. That request was also turned down by Ext. P21 letter dated 14/09/2007. In this writ petition, the petitioner challenges Exts. P9, P11, P15 and P21 and prays for a writ in the nature of mandamus commanding the respondents to correct his date of birth in the service records as 27/10/1954 instead of 20/11/1953.