The main legal point established in the judgment is the importance of adhering to the prescribed procedure and time limits for correction of date of birth in government service records, as well as the application of the principle of estoppel in such matters.

K.S. Radhakrishnan, J.

Petitioner was working as Headmaster in the Government U.P. School, Neduorakkad, Cherthala. He retired on superannuation on 31.3.1998. A few days before the date of retirement, that is on 17.3.1998, he submitted an application before the Government for correction of date of birth in his service records, so that he could continue in service as Headmaster till 31.3.1999. The request of the petitioner was rejected by the Government by order dated 5.5.1998 stating that the application of the petitioner for correction of date of birth in the service records cannot be entertained, since he did not apply for the same within the time-limit stipulated in Government Order, G.O.P.N0.45/91/P&ARD dated 30.12.1991. Petitioner is aggrieved by the said order, and hence has approached this court.

2. Petitioner entered service of the General Education Department as Primary Departmental Teacher on 7.1.1969. At the time of entry into service the date of birth given by the petitioner was 15.12.1942. Going by the said date, he was to retire on 31.3.1998, which he did.

3. Government issued an order dated 30.12.1991, referring to various earlier orders and circulars, with regard to correction of date of birth in the service records of employees of Government. Government noticed the growing tendency on the part of the Government employees to get the date of birth corrected when they are about to retire from service. Eventhough the Government felt that there was no necessity of even granting any opportunity to the employees for getting the date of birth corrected in the service records, Government still thought that an opportunity be granted in bona fide cases. Therefore, in modification of the earlier orders, it was ordered that application for correction of date of birth should be submitted to Government in the Administrative Department concerned, through proper channel, within a period of five years from the date of entry into service. However, in the case of those who are already in service, they have to submit the applications within a period of one year from the date of the Government order, provided they apply beyond the two year preceding retirement, reckoned with reference to the date of birth as recorded in the Service Book. It was also provided in the said order that applications should be supported by attested copies of SSLC/SSC book or extract of school record as corrected. Government order also states that applications for condonation of delay and for entertainment of applications in relaxation of the condition regarding time-limit would be summarily rejected.

4. On the basis of the Government order, Government gave a last opportunity to those who are in service to submit their applications within a period of one year from the date of the Government order, provided they apply beyond the two year preceding retirement, reckoned with reference to the date of birth as recorded in the Service Book. Petitioner, though entered service as early as on 7.1.1969, did not take any steps to get the Service Book corrected even on the basis of the earlier circulars dated 3.12.1987 and 24.10.1988 and also Government order dated 27.8.1991. Petitioner even did not file any application before the Commissioner for Government Examinations for correction of date of birth in the school records in time. Before the Government he filed a petition on 10.12.1992 to condone the delay in filing the application for correction of date of birth in the SSLC book and got it condoned wide orders dated 17.12.1992. Government passed the order condoning the delay under R.3 of Chapter VI of the KER. Petitioner then filed an application on 31.12.1992 before the Commissioner for Government Examinations for carrying out the correction of date of birth in his school records. According to petitioner, nothing transpired in the office of the Commissioner for Government Examinations. Six years after filing the application, petitioner approached this Court