Padmini T. vs State of Kerala and Others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT:** ## **THE HONOURABLE SMT. JUSTICE P.V.ASHA** **TUESDAY, THE 14TH DAY OF FEBRUARY 2017/25TH MAGHA, 1938** **WP(C).No. 4881 of 2017 (I) ---------------------------** ## **PETITIONER(S):** **-------------** **PADMINI T. D/O. KUNHAMBU, AGED 54 YEARS, "HARIPADMAM" KOODALI.P.O., THALAMUNDA, KANNUR DISTRICT-670 592** **BY ADVS.SMT.DAISY A. PHILIPOSE SRI.HARIDAS THAIKKANDY** **RESPONDENT(S): --------------** **1. STATE OF KERALA** - **REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, THIRUVANANTHAPURAM** **2. THE COMMISSIONER FOR GOVERNMENT EXAMINATIONS THIRUVANANTHAPURAM** **3. THE HEAD MISTRESS AKG SMARAKA GOVERNMENT HIGHER SECONDARY SCHOOL, PERALASSERI,MUNDALURE.P.O., KANNUR-670 622** **R1 & R2 BY SENIOR GOVERNMENT PLEADER SMT. NISHA BOSE** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14-02-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **bp** **WP(C).No. 4881 of 2017 (I) ---------------------------** ## **APPENDIX** |**PETITIONER(S)' EXHIBITS**|**PETITIONER(S)' EXHIBITS**| |---|---| |**-----------------------**|| |**P1:**|**A TRUE COPY OF THE CERTIFICATE OF BIRTH ISSUED FROM**| ||**THE TALUK PANCHAYTH OFFICE, KANNUR**| |**P2:**|**A TRUE COPY OF THE REPRESENTATION DATED 29.4.2015**| ||**SUBMITTED BY THE PETITIONER BEFORE THE CHIEF**| ||**MINISTER OF KERALA**| |**P3:**|**A TRUE COPY OF THE APPLICATION DATED 11.5.2015**| ||**SUBMITTED BY THE PETITIONER BEFORE THE 3RD**| ||**RESPONDENT**| |**P4:**|**A TRUE COPY OF THE CHALAN DATED 11.5.2015 ISSUED**| ||**TO THE PETITIONER**| |**P5:**|**A TRUE COPY OF THE REPRESENTATION DATED 18.5.2015**| ||**SUBMITTED BY THE PETITIONER BEFORE THE CHIEF**| ||**MINISTER OF KERALA**| |**P6:**|**A TRUE COPY OF THE LETTER DATED 28.1.2016,**| ||**SUBMITTED BY THE DISTRICT COLLECTOR, KANNUR BEFORE**| ||**THE SECRETARY OF CHIEF MINISTER'S GRIEVANCE**| ||**REDRESSAL CELL**| |**P7:**|**A TRUE COPY OF THE UNOFFICIAL NOTE DATED**| ||**26.3.2016 SUBMITTED BY THE UNDER SECRETARY OF THE**| ||**LOCAL SELF GOVERNMENT DEPARTMENT BEFORE THE**| ||**SECRETARY OF CHIEF MINISTER'S GRIEVANCE REDRESSAL**| ||**CELL**| |**P8:**|**A TRUE COPY OF THE LETTER DATED 30.5.2016, ISSUED**| ||**TO THE PETITIONER BY THE GENERAL EDUCATION (G)**| ||**DEPARTMENT**| |**P9:**|**A TRUE COPY OF THE REPRESENTATION DATED 8.6.2016,**| ||**SUBMITTED BY THE PETITIONER BEFORE THE 1ST**| ||**RESPONDENT**| |**P10:**|**A TRUE COPY OF THE G.O.(RT) NO.556/2003/G.EDN,**| ||**DATED 6.2.2003 ISSUED BY THE 1ST RESPONDENT**| |**P11:**|**A TRUE COPY OF THE APPLICATION DATED 5.12.2016**| ||**SUBMITTED BY THE PETITIONER BEFORE THE 3RD**| ||**RESPONDENT**| **P12: A TRUE COPY OF THE CHALAN DATED 5.12.2016 ISSUED TO THE PETITIONER** **RESPONDENT(S)' EXHIBITS : NIL.** **//TRUE COPY//** **P.A. TO JUDGE** **bp** ## **P.V.ASHA J.** ## **--------------------------------------------** ## **W.P.(C).No.4881 of 2017** **---------------------------------------------** Dated this the 14[th] day of February, 2017 ## **J U D G M E N T** The petitioner who retired from service on 30.04.2016, while working as UPSA in an aided School, is challenging Ext.P8 order by which her application for correction of date of birth submitted in the year 2015, is rejected. 2. According to the petitioner her actual date of birth is 10.10.1961, whereas the date of birth recorded in her School records and service book it is shown as 8.4.1960. Petitioner therefore, submitted Ext.P2 representation before the Chief Minister in the Mass Contact Programme, followed by Ext.P3 representation before the 3[rd] respondent on 11.05.2015 and Ext.P5 representation before the 1[st] respondent on 18.05.2015, which culminated in Ext.P8 rejection as per letter dated 30.05.2016, by Government. 3. In Ext.P8 application Government stated that the application for correction of date of birth of W.P.(C).No.4881 of 2017 2 Government servants ought to have been submitted within a period of five years from the date of entry in service, in accordance with G.O.(P).45/91 P&ARD dated 30.12.1991. At the same time, the petitioner's application for correction of S.S.L.C book as well as correction of service book was submitted by her after a period of 33 years of her entry in service. Accordingly the application was rejected. 4. Petitioner has filed this writ petition at this stage challenging Ext.P8 order, pointing out that in the case of one Smt.P.C.K.Nirmala, her date of birth was corrected as per Ext.P10 order dated 06.02.2003. Therefore, it is the case of the petitioner that similar benefit has to be granted to her also or otherwise it will be discrimination. According to her, she would have been entitled to continue in service for a further period of two years, going by her actual date of birth which falls on 10.10.1961, in the place of 08.04.1960. 5. Heard the learned counsel for the petitioner and the learned Government Pleader. W.P.(C).No.4881 of 2017 3 6. The learned Government Pleader pointed out that the application for correction of date of birth ought to have been submitted in accordance with the Government order issued on 30.12.1991 within a period of five years from the date of entry in service. But petitioner submitted the application only at the fag-end of her service career. 7. On consideration of the contentions on either sides, it is seen petitioner does not have a case that she has submitted any application in tune with the provisions contained in G.O.(P).45/91 P&ARD dated 30.12.1991, along with the requisite documents and within the time limit stipulated therein. When the above aforesaid Government order was issued, Government had granted one year time from the date of that order i.e., from 30.12.1991 to all the employees who were in service to submit applications for correction of date of birth. The petitioner did not choose to avail that opportunity. The aforesaid Government order also provides that applications for correction of date birth shall be submitted within a period 5 years from the date of entry in service in W.P.(C).No.4881 of 2017 4 all other cases. Moreover, such applications shall be accompanied by the documents in proof of the claim. It is the admitted case of the petitioner that her applications were submitted in the year 2015, at a time when she was to retire from service on 30[th] April, 2016. Even that application is not supported by any material. The date of birth in her school records continues to be the same as that in the service book. Petitioner ought to have got her school records corrected, before submitting application for correction in service book and such application ought to have been filed before 30.6.1992, if she was in service as on 30.6.1991 or within 5 years of her joining the service. 8. As per Rule 28 of Chapter XIV A of Kerala Education Rules, 1958, the date of birth of an aided school teacher is entered with reference to the date of birth entered in the school admission register or SSLC book and correction of date of birth is governed by the procedure laid down in the Govt. order dated 30.12.1991 and in such other Govt. orders applicable to Govt. teachers. In this case petitioner submitted a composite application for W.P.(C).No.4881 of 2017 5 correction of date of birth in her SSLC book as well as service records even without any application for condoning delay. At any rate, she did not submit any application for correction in school records either within 15 years of her leaving the School as provided in Rule 4 of Chapter VI of KER. Even for that Govt. could have condoned the delay in submitting application only if the application was within the age of 50 years as per the original entry, as provided therein. 9. It is settled law by a catena of decisions of this Court as well as the Supreme Court that the correction of date of birth is not a right and no relief can be granted to an employee who approaches the authorities or the Court at the fag-end of the service career for correction of date of birth, even if he has good evidence to establish that the recorded date of birth is clearly erroneous. No court or the tribunal can come to the aid of those who sleep over their rights _(See_ _**Union of India**_ **v.** _**Harnam Singh:**_ (1993) 2 SCC 162; _**Home Deptt.**_ **v.** _**R. Kirubakaran** :_ 1994 Supp (1) SCC 155: ; _**State of U.P. v. Shiv Narain**_ W.P.(C).No.4881 of 2017 6 _**Upadhyaya** :_ (2005) 6 SCC 49; _**Punjab & Haryana High Court**_ **v.** _**Megh Raj Garg:** (2010) 6 SCC 482:_ _**State of M.P. v. Premlal Shrivas** , (2011) 9 SCC 664;_ _**Muhamed K.B V T.V. Achumma & others** : 2016(2)KHC 828;_ _**Vijayan K V Jacob Job & others** :2015 KHC 39; 2000 KHC 849:_ _**Ravindran V State of Kerala** , etc )._ 10. There is no reason for a special consideration in the case of the petitioner. Even Ext.P10 order, which the petitioner relies on alleging that she is subjected to discrimination, will not help the petitioner. Even that order is seen issued, in the year 2003 on the basis of the correction of date of birth carried out in S.S.L.C book in the year 1992. Whatever it may be even if any undue benefit or any order contrary to the Government order dated 30.12.1991 has been issued by Government, that cannot be a ground on which, this Court should issue any direction to the Govt., to issue orders contrary to law, in order to perpetuate illegality, that too in favour of a person who approached the Govt. just before her retirement and this Court after her retirement. W.P.(C).No.4881 of 2017 7 In view of the above circumstances, I do not find any reason to interfere with Ext.P8 order passed by Government. Accordingly, this writ petition fails and is dismissed. Sd/- **P.V.ASHA, JUDGE.** AS