BHASKARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE appellant who is a High School Assistant in the Girls High School,Anamangad,Malappuram District challenges the dismissal of the Original Petition.The prayer therein was to issue a writ of mandamus directing correction of his date of birth in his Service Book.

(2.) FOLLOWING the entry regarding date of birth available in the S.S.L.C.Book of the appellant,the appellant's date of birth was recorded in his Service Book as 7th June 1944.As such his normal retirement date was '30th June 1999 ' ;.On 28th November 1992 alleging that the said date is mistaken he sought correction of his date of birth as '8th February 1945 'in his S.S.L.C.Book.In view of the time limit applicable to such cases available in the K.E.R,the said application was belated and hence he sought condonation of the delay involved in the matter.This was allowed as per Ext.P -L Government Order dated 23rd April 1993.Based thereon,sanction for correction of the date of birth in the S.S.L.C Book was issued by competent authority as per Ext.P -2 order dated 18th August 1995.

(3.) LEARNED council for the appellant stressed before us the fact that impossible conditions cannot at all be insisted on and that in view of the specific provision in the Government order No.G.O.( P)26/91/P and ARD dated 27th August 1991 which governs correction in the Service Book that such application should always be supported by corrected copy of S S.L.C.Book,he could have applied for necessary correction only after issuance of Ext.P -2 order and consequent correction carried out vide Ext.P -3 and in such circumstances,the delay,if any,ought to have been condoned.