High Court Kerala High Court

T.K. Rajmohan vs State Of Kerala on 28 July, 2010

Kerala High Court
T.K. Rajmohan vs State Of Kerala on 28 July, 2010
       

  

  

 
 
  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.
                  ------------------------------------------
                         W.A. No.345 of 2009
                  ------------------------------------------
                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