IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA No. 1038 of 2007()
1. B.GOPALAKRISHNAN KARTHA,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE COMMISSIONER FOR GOVERNMENT
For Petitioner :SRI.P.ALI
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice P.R.RAMAN
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :12/04/2007
O R D E R
P.R.RAMAN & ANTONY DOMINIC, JJ.
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W.A. NO. 1038 OF 2007
======================
Dated this the 12th day of April, 2007
J U D G M E N T
Raman, J.
The appellant is the petitioner who commenced his service
as Lower Division Clerk in the Government High School in
December 1990, and as on that date, the date of birth entered in
the SSLC Book was 25/7/54. Accordingly, the service book entries
were also made in tune with the entires in SSLC Book. Several
years thereafter, according to the petitioner, he found out a
mistake in the entries relating to the date of birth and ultimately
got corrected and so automatically service records should also be
corrected. We have already taken the view that there is no
fundamental right for a person to get the date of birth corrected
in the service records. Admittedly the petitioner did not apply for
correction of the date of birth in the service records in terms of
Ext.P7 Government Order. But according to the petitioner in
similar situation, relaxation has been made by the Government in
appropriate cases, considering the hardship that may be caused
WA 1038/2007
: 2 :
especially when the mistake is not that of the petitioner.
According to him, he has already submitted representation before
the Government as Exhibit P9. In the circumstances, he prays
that Ext.P9 may be directed to be considered and disposed of.
But the learned Single Judge found as per the judgment impugned
that the Government had already rejected the representation
earlier filed by the petitioner and in terms of Ext.P7, no relief
could be granted. Petitioner is not able to make out a case for
interference in this appeal. However, we make it clear that the
dismissal of the original petition will not stand in the way of
Government considering the matter, if they are so pleased in
exercise of their power as an Appointing Authority.
Writ appeal is dismissed subject to what is stated above.
P.R.RAMAN, JUDGE.
ANTONY DOMINIC, JUDGE.
Rp