IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 19264 of 2004(R)
1. M.A.FRANCIS, ASSISTANT EXCISE
... Petitioner
Vs
1. STATE OF KERALA, REP. BY THE CHIEF
... Respondent
2. THE SECRETARY TO GOVERNMENT,
3. THE EXCISE COMMISSIONER,
4. THE COMMISSIONER FOR GOVERNMENT
For Petitioner :SRI.N.RAGHURAJ
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice KURIAN JOSEPH
Dated :06/12/2006
O R D E R
KURIAN JOSEPH, J.
--------------------------
W.P. (C). NO. 19264 OF 2004
---------------------
Dated this the 6th day of December, 2006
J U D G M E N T
Petitioner is aggrieved since his date of birth, despite correction in
the SSLC book, is not corrected in the service records. On condoning the
delay in approaching the Commissioner for Government Examinations
petitioner filed Ext.P3 application as early as on 11.5.92. That was allowed
on 30.6.97 as per Ext.P6. Petitioner submitted Ext.P3 for correction of the
service records. That was turned down as per Ext.P8. The matter was
pursued by the petitioner before the Government as per Ext.P9. The same
was turned down as per Ext.P11 holding that since the application for
correction of date of birth is not submitted before 31.12.92, as specified in
Ext.P4 Government Order, the request cannot be entertained. The
contention of the petitioner is that despite Ext.P4 Government Order,
Ext.P2 order was passed by the Government condoning the delay in filing
the application for correction of date of birth. Having given such a
permission, there is no justification in permitting the petitioner to have the
logical consequences. It is not as if the petitioner took steps on the verge
of retirement. As on the date of the application before the Commissioner,
petitioner had decades of service left. Even as on today also, around six
years of service is left. In a similar situation, this Court as per Ext.P13
WPC NO.19264/04 Page numbers
judgment in O.P. 18119/97 directed the Government to reconsider the
matter pursuant to which the petitioner therein was granted the benefit of
correction of date of birth, despite even the fact that the petitioner had
retired from service. That order is Ext.P14. It is also to be seen that in the
case of that petitioner, the application for correction of date of birth before
the Commissioner for examinations was after the cut off date prescribed in
Ext.P4 Government Order. In the case of the petitioner, admittedly, the
application before the Commisisoner is in 1992, before the cut off date. It
is also submitted that in several cases in view of the directions of this
Court, Government has granted the opportunity for correction of date of
birth. It is further submitted that since the basis of the service records has
undergone a change by Ext.P6, the consequential change should be
reflected in the service records also.
I quash the impugned orders. There will be a direction to the 1st
respondent to look into Ext.P2, with notice to the petitioner, and pass
appropriate orders in the light of Ext.P13 judgment and Ext.P14
Government Order, within a period of three months from the date of
production of a copy of this judgment by the petitioner. The writ petition is
disposed of as above.
KURIAN JOSEPH, JUDGE
vps
WPC NO.19264/04 Page numbers
KURIAN JOSEPH, JUDGE
OP NO.
JUDGMENT
WPC NO.19264/04 Page numbers
6th DECEMBER, 2006