Babu K.P. v. State of Kerala & Others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS** **WEDNESDAY, THE 6[TH] DAY OF APRIL 2022 / 16TH CHAITHRA, 1944** ## **WP(C) NO. 7123 OF 2021** ## **PETITIONER:** **BABU K.P, AGED 53 YEARS, S/O K.M. POULOSE, KOONTHAN HOUSE, THURAVOOR P.O.ANKAMALY, ERNAKULAM DISTRICT, PRESENTLY WORKING AS PHYSICAL EDUCATION TEACHER, MAR AUGUSTINE HIGH SCHOOL, THURAVOOR, ERNAKULAM DISTRICT BY ADVS. SRI.GEORGE SEBASTIAN SRI.B.S.SURESH KUMAR** ## **RESPONDENTS:** |**1**|**THE STATE OF KERALA**| |---|---| ||**REPRESENTED BY THE SECRETARY TO**| ||**THE DEPARTMENT OF GENERAL EDUCATION,**| ||**SECRETARIAT, THIRUVANANTHAPURAM-695 001**| |**2**|**THE DIRECTOR OF GENERAL EDUCATION,**| ||**THE DIRECTORATE OF GENERAL EDUCATION,**| ||**THIRUVANANTHAPURAM, PIN-695 014.**| |**3**|**THE DEPUTY DIRECTOR OF EDUCATION,**| ||**HOSPITAL RD, NEAR MCRV MEN'S HOSTEL 11,**| ||**SHENOYS, ERNAKULAM, PIN-682 011.**| |**4**|**THE DISTRICT EDUCATIONAL OFFICER,**| ||**DISTRICT EDUCATIONAL OFFICE, ALUVA,**| ||**ERNAKULAM, PIN-683 101.**| |**5**|**THE MANAGER,**| ||**MAR AUGUSTINE HIGH SCHOOL,**| W.P.(C) No.7123/21 **-:2:-** **THURAVOOR, ERNAKULAM DISTRICT, PIN-683 572.** **BY ADV.SABEENA.P.ISMAIL, GOVT. PLEADER** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08.03.2022, THE COURT ON 06.04.2022 DELIVERED THE FOLLOWING:** ## W.P.(C) No.7123/21 ## **-:3:-** ## **BECHU KURIAN THOMAS, J.** ## **--------------------------------W.P.(C) No.7123 of 2021** ## **----------------------------------** Dated this the 6[th] day of April, 2022 ## **JUDGMENT** Petitioner seeks for a direction to correct the date of birth as recorded in the service book and service records. As per the service records, petitioner's date of birth is 20.05.1966, which date was reflected in the SSLC Book too. According to the petitioner, his actual date of birth is 17.04.1968 and the same ought to have been entered in his service records. 2. Petitioner is working as a Physical Education Teacher having been appointed on 28.02.2001 and approved on 28.01.2003. Mistake of date of birth in the SSLC Book is alleged to have come to the notice of the petitioner only in the year 2004 and it is claimed that the application for correction of date of birth in the school records was filed on 20.12.2004 which was, after the initial rejection, allowed by Ext.P5 order dated 02.02.2021. According to the petitioner, the period from 20.12.2004 till 02.02.2021 ought to be excluded, while calculating the time span of five years prescribed in G.O.(P) ## W.P.(C) No.7123/21 ## **-:4:-** No.45/91/P&ARD dated 30.12.1991. Learned counsel relied upon the judgment in **Achumma v. State of Kerala** (2015 (3) KLT 511) and canvassed for the proposition that the delay from the date of application till the date of order ought to be excluded. 3. A counter affidavit has been filed by the 4[th] respondent stating that the time limit for correction of date of birth in service book is limited to five years from the date of entry in service as per Ext.P8 Government Order and that it was difficult to believe the statement that petitioner realised the mistake in the SSLC Book and school records in respect of the date of birth only in 2004. Respondent further pleaded that after completing SSLC, petitioner would have submitted various applications specifying the date of birth, especially since 35 years have now elapsed after his birth. According to the 4[th] respondent, the application for condonation of delay in correcting the service book is almost 20 years after the date of joining the service and the mistake if any in the service records was not on account of any fault of the respondents, but solely on account of the mistake committed by the petitioner and hence, at this belated W.P.(C) No.7123/21 ## **-:5:-** point of time, the service records cannot be corrected. 4. I have heard Sri.George Sebastian, learned counsel for the petitioner as well as Adv.Sabeena P.Ismail, learned Government Pleader. 5. The issue of correction of date of birth in service records is governed by the Government Order issued in 1991 and by Rule 3 of Chapter VI KER apart from Rule 143 of part III KSR. In G.O.(P) No.45/91 dated 30.12.1991, the Government deprecated the growing tendency on the part of its employees to correct the date of birth on the verge of their retirement. It was further noticed that the need for correction of date of birth would not normally arise since the date of birth entered in the service book is based upon the date and data furnished by the petitioner itself while applying for selection to the post. However to overcome cases where bona fide mistakes occurred, the Government decided to permit correction of date of birth, provided the same is made within five years of entry in service. The conditions required for carrying out such corrections, included the application to be supported by attested copies of SSLC Book or school records, as corrected. It was further W.P.(C) No.7123/21 ## **-:6:-** stipulated that mere correction of date of birth in the school records does not entitle the employee to consequential correction of date of birth in service books and that each case has to be considered by the Government on merits. A further stipulation was incorporated that the applications for condonation of delay should be summarily rejected. 6. Prior to the above Government Order, a Division Bench of this Court had held in **Annamma v. State of Kerala** (1987 (1) KLT 882) that correction of date of birth in school records cannot lead to automatic correction in service register. 7. The intention behind issuing Ext.P8 order was to provide a small window of opening to applicants to correct their service records in exceptional cases. This window cannot be applied in a blanket manner to make it applicable in all cases where a correction is sought for. A reading of the recitals in the Government Order itself indicates that a person who joins the service with open eyes, knowing fully well his date of birth, cannot, after submitting the application for a particular post, supported by necessary documents, turn around and state that he was unaware of his correct date of birth and that the mistake ## W.P.(C) No.7123/21 ## **-:7:-** came to his notice much later. In fact, as mentioned earlier, the Government Order stipulated that even when the SSLC Book is corrected, that by itself is not a ground for correction of date of birth in service records. 8. The date of birth in the service records has far reaching implications. It determines the date of retirement of a particular candidate as well as the chances of promotion, seniority and various other factors which may have a bearing upon the service conditions of not only the petitioner but even that of others. In such circumstances, interference/correction of date of birth in service records cannot be done lightly that too for the mere asking. 9. The decision in **Achumma T.V. v. State of Kerala and Others** (2015 (3) KLT 511) was reversed in the decision in **Muhammed K.B. v. T.V.Achumma and Others** (2016 (2) KHC 828). The Division Bench in the aforecited decision had held that the period spent for correcting the date of birth in the SSLC Book cannot be excluded while applying for correction of date of birth in the service records. 10. In the instant case, petitioner had joined the service W.P.(C) No.7123/21 ## **-:8:-** on 28.02.2001 but had applied for correction of his date of birth in the service records only on 08.03.2021. The alleged period spent for correcting the date of birth in the SSLC Book from 20.12.2004 till 02.02.2021 cannot be excluded in view of the decision in **Muhammed K.B. v. T.V.Achumma and Others** (2016 (2) KHC 828). The delay in applying to correct the date of birth in petitioner's service records is therefore almost 20 years and hence the application could only have been rejected. In view of the above, there is no perversity in Ext.P7 and the declaration sought cannot also be granted. Consideration of Ext.P9 can only be a futile exercise. Therefore the writ petition lacks merit and is dismissed. Sd/- ## **BECHU KURIAN THOMAS JUDGE** vps W.P.(C) No.7123/21 ## **-:9:-** ## **APPENDIX OF WP(C) 7123/2021** ## **PETITIONER'S/S' EXHIBITS** - **EXHIBIT P1** - **A TRUE COPY OF THE ORDER DATED 6.5.2005 PASSED BY THE 1ST RESPONDENT** - **EXHIBIT P2** - **A TRUE COPY OF THE APPLICATION DATED 23.12.2005 SUBMITTED BEFORE THE OFFICE OF THE COMMISSIONER FOR GOVERNMENT EXAMINATIONS** - **EXHIBIT P3 A TRUE COPY OF THE ORDER DATED 9.3.2009 PASSED BY THE JOINT COMMISSIONER FOR GOVERNMENT EXAMINATIONS** - **EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 21.8.2020 IN WPC NO 9251/2012** - **EXHIBIT P5 A TRUE COPY OF THE ORDER DATED 2.2.2021 PASSED BY THE JOINT COMMISSIONER FOR GOVERNMENT EXAMINATIONS** - **EXHIBIT P6 A TRUE COPY OF THE APPLICATION DATED 17.2.2021 FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT** - **EXHIBIT P7 A TRUE COPY OF THE COMMUNICATION DATED 2.3.2021 ISSUED BY THE 4TH RESPONDENT** - **EXHIBIT P8 A TRUE COPY OF THE GOVERNMENT ORDER DATED 30.12.1991 BEARING No.45/91 OF P & ARD** - **EXHIBIT P9 A TRUE COPY OF THE APPLICATION DATED 8.3.2021 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT** - **EXHIBIT P10 A TRUE COPY OF THE ORDER DATED 15/7/2021 PASSED BY THE 1ST RESPONDENT**