IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 345 of 2009()
1. T.K. RAJMOHAN,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY ITS
... Respondent
For Petitioner :SRI.M.V.BOSE
For Respondent : No Appearance
The Hon'ble the Chief Justice MR.J.CHELAMESWAR
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :28/07/2010
O R D E R
J.Chelameswar, C.J. & P.N.Ravindran, J.
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W.A. No.345 of 2009
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Dated this the 28th day of July, 2010
JUDGMENT
J.Chelameswar, C.J.
Aggrieved by a judgment dated 6th November, 2007 in
W.P.(C) No.32909 of 2007 the unsuccessful petitioner therein
preferred the instant writ appeal.
2. The appellant initially joined the service of the State
of Kerala as a Sub Inspector of Police. At the time of his entry
into the service, his date of birth was entered in the service book as
15.5.1954. This entry is based on the entry made in the S.S.L.C.
book. Sometime in the year 1992, the appellant made an
application for correction of his date of birth in the S.S.L.C. book.
According to him, the correct date of birth is 15.11.1955. The said
application was accepted eventually by the authorities of the
Education Department and his date of birth in the S.S.L.C. book
was corrected by order dated 14.6.1999. Thereafter the appellant
sought correction of the date of birth in his service book which was
rejected by the Government on the ground that the application was
not within the period stipulated by the relevant Rules. Aggrieved
by such rejection the appellant herein filed the writ petition from
which the instant appeal arises.
3. By the judgment under appeal, a learned Judge of
this Court dismissed the writ petition. In dismissing the writ
petition the learned Judge followed the earlier decisions of this
Court. Even otherwise, it is well settled in law that correction of
date of birth of the employees of the State cannot be granted long
after their entry into the service.
In the circumstances, we do not see any reason to
interfere with the judgment under appeal. The writ appeal is
dismissed at the admission stage.
J.Chelameswar,
Chief Justice
P.N.Ravindran,
Judge
vns