Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR FRIDAY, THE23D DAY OF MAY20142ND JYAISHTA, 1936 WP(C).No. 25835 of 2011 (D) ---------------------------- PETITIONER(S): ----------------- SASI, NIRMALYAM S/O.KOCHUKUNJU, MADUTHERI, PATTAZHY P.O. KOLLAM. BY ADV. SRI.V.JAYAPRADEEP RESPONDENT(S): ------------------- 1. SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT, SECRETARIAT (ANNEXE) THIRUVANANTHAPURAM.
2. THE COMMISSIONER OF GOVERNMENT EXAMINATIONS, PAREEKSHA BHAVAN, POOJAPPURA THIRUVANANTHAPURAM-695012. 3RD ADDITIONAL RESPONDENT KERALA STATE ELECTRICITY BOARD, VAIDHYUTHI BHAVAN PATTOM, THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY. R1,2 BY GOVERNMENT PLEADER SRI.T.R.RAJESH R3 BY SRI.K.S.ANIL, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON317.2013, THE COURT ON2305.2014 DELIVERED THE FOLLOWING: W.P.(C).NO.25835/11 APPENDIX PETITIONER(S) EXHIBITS: EXT.P1 TRUE COPY OF THE CERTIFICATE DATED279/2010 ISSUED BY THE PRESENT HEADMISTRESS, L.P.S, THEKKETHERI. EXT.P2 TRUE COPY OF THE3D PAGE OF THE S.S.L.C BOOK OF THE PETITIONER. EXT.P3 TRUE COPY OF THE REJECTION ORDER
DATED2710.2010 ISSUED BY THE2D RESPONDENT. EXT.P4 TRUE COPY OF THE LETTER DATED1310.2010 ISSUED BY THE PETITIONER TO THE3D RESPONDENT. RESPONDENTS' EXHIBITS:NIL //TRUE COPY// P.A.TO JUDGE C.T. RAVIKUMAR, J.
========================== W.P.(C). No.25835 OF2011========================== Dated this the 23rd day of May, 2014 JUDGMENT
On the verge of retirement from service, the petitioner filed this writ petition with the following prayers:- i. To issue a writ of mandamus or any other writ order or direction, directing the respondents to correct the date of birth of the petitioner as 20.1.1959 in his S.S.L.C book and his service records. ii.Issue a writ of certiorari calling Ext.P3 and quash the same. iii.Issue a writ of mandamus or any other writ order or direction, commanding the 1st respondent to allow the petitioner to continue in service till 31.01.2015.
2. At the very outset, it is to be noted that the petitioner has not stated the date of commencement of his service under the additional third respondent. At the same time, it is his case that two years prior to his retirement from its service, he submitted an application on 12.10.2010 before the Government seeking correction W.P.(C).25835/11 2 of his date of birth in the SSLC Book. The contention of the petitioner is that in the SSLC Book, his date of birth was wrongly entered as 14.6.1957 whereas his date of birth was correctly entered in the school admission records as 20.1.1959. According to the petitioner, he came to know about the mistake crept in the date of birth entry only when he received Exts.P1 and P4 in the year 2010 and immediately thereafter, he submitted an application for correction of date of birth in the SSLC book on 12.10.2010. It is the contention of the petitioner that the date of birth was wrongly entered in his SSLC Book on account of laches on the part of the persons who made the entry at the time of his readmission in the L.P.School, Thekketheri. Ext.P1 would reveal that while studying in the second standard, he was removed from the rolls of the school as early as on 31.1.1967 and subsequently, readmitted in the school on 29.5.1967. It is the contention of the petitioner that at the time of such readmission, his date of birth was wrongly entered in the admission register and that the said wrong entry in the admission register was carried over and it W.P.(C).25835/11 3 was duly entered in his SSLC Book as also in his service records. The contention of the petitioner is that Ext.P1 would reveal that the error in the entry of his date of birth must have been a clerical error. In this context, it is contended that Rule 3 in Chapter VI of the KER is totally inapplicable in the case of the petitioner. It is contended that a bare perusal of the said provision would reveal that it deals only with correction of date of birth entered in the admission register. As noticed hereinbefore, the date on which the petitioner entered into the service of the KSEB has not been stated in the writ petition. But at the same time, it is evident that he has submitted the application for correction of date of birth in the service records only at the fag end of his career. The petitioner seeks correction in the date of birth in his SSLC Book and consequential direction to the respondents to permit him to allow him to continue in service till 31.1.2015. In view of the settled position of law, such a belated request for correction of date of birth in the SSLC book and consequential relief of permission to continue in service cannot be entertained. (See the decisions in Union W.P.(C).25835/11 4 of India and others v. Mrs.Saroj Bala reported in AIR1996SC1000and in Baskaran v. State of Kerala reported in ILR20001) Ker. 274 (DB)). It is also to be noted that even in case the petitioner gets his date of birth corrected in his SSLC book that would not make him entitled to get an automatic correction in the service records and to continue in service till such correction and thereafter, subject to such correction. There is no merit in this writ petition and this writ petition carrying such a belated claim is not liable to succeed. Accordingly, it is dismissed. Sd/- C.T. RAVIKUMAR (JUDGE) spc/ W.P.(C).25835/11 5 C.T. RAVIKUMAR, J.
JUDGMENT
September,2010 W.P.(C).25835/11 6