SupremeToday Landscape Ad
Back
Next
Headnote Court Copy Facts Arguments Court observation Judicial Analysis Case Map Category Hierarchy Table of Content
Listen Article Pause Article
judgment-img

1997 Supreme(Ker) 8

Judges : K.A.ABDUL GAFOOR
Sukumaran Nair - Appellant
Versus
State of Kerala - Respondent
Case No : O.P. No. 6507 of 1991
Decided On : 01/14/1997
Advocates Appeared :
K.R.B. Kaimal For Petitioner Government Pleader (H.B. Shenoy) For Respondents

Important Points

Correction of date of birth in Service Book is dependent on correction of date of birth in School records as per R.143 Part III KSR. Plea of discrimination based on previous cases is not accepted.

Subject

Civil Law - Employment Law

Act Referred

KERALA SERVICE RULES : Part.3, R.143

Headnote

DATE OF BIRTH - Service Book Correction - R.143 Part III KSR - The court discussed the petitioner's request for correction of date of birth in Service Book and School records. The court referred to R.143 in Part III KSR, which states that the date of birth in the Service Book should be based on the School leaving Certificate. The court concluded that without correction of date of birth in School records, a person cannot seek correction of date of birth in Service Book independently. The court also rejected the petitioner's plea of discrimination based on previous cases and emphasized the importance of acting in accordance with the law.

Fact of the Case:

The petitioner challenged the rejection of his request for correction of date of birth in Service Book and School records.

Finding of the Court:

The court found that the petitioner's request for correction of date of birth in Service Book cannot be entertained without correction of date of birth in School records, as per R.143 Part III KSR. The court also dismissed the plea of discrimination based on previous cases.

Issues: Correction of date of birth in Service Book without corresponding correction in School records, discrimination based on previous cases.

Ratio Decidendi: Correction of date of birth in Service Book is dependent on correction of date of birth in School records as per R.143 Part III KSR. Plea of discrimination based on previous cases is not accepted.

Final Decision: The O.P. was dismissed with no costs.

Judgment :-

Abdul Gafoor, J.

The petitioner has approached this Court challenging Exts. P4 and P10 declining his request for correction of his date of birth in Service Book as well as in School records.

2. The date of birth of the petitioner as entered in the SSLC Book is 13.11.1111 (M.E.). This was carried over to his Service Book, when it was opened on his entry in service.

3. While continuing in service, the petitioner could know that there was a mistake in the date of birth in his School records as well as in Service records. He submits that the actual date of birth is 14.11.1112 (M.E.). Seeking correction, the petitioner made an application on 25.6.1986 to Government. In that the petitioner applied for the correction of the date of birth in service records. The petitioner produced Ext. P3 certificate in support of this claim. That is the birth certificate issued to the petitioner. His request was rejected in Ext. P4. The petitioner was informed in Ext. P4 that only after correcting the SSLC Book, application for corresponding correction in Service Book can be entertained. Later the petitioner on 9.5.1988 again approached the Government seeking correction of date of birth without corresponding correction in school records. The petitioner pointed out orders granted in favour of other persons without such correction in school records. This was rejected in 1989. In the meantime the petitioner applied to the Commissioner for Government Examination under R.3 Chap. VIKER for correction of date of birth in the SSLC Book; that was on 27.6.1989. But it was not in the statutory form. The petitioner was asked to submit an application in the statutory form. The petitioner submitted it as per Ext. P5 on 15.6.1990. That was rejected on 10.9.1990 stating that it could not be entertained due to delay. As per R.3(IA) Chapter VIKER, the period of limitation was fixed as 15 years at that time. It was in the above circumstances the petitioner's request was rejected on the ground of delay. Thereupon, the petitioner submitted an application for condonation of delay before Government. It was rejected by a cryptic order Ext. P8. Ext. P8 was challenged before this Court. That was quashed in Ext. P9 judgment and directed reconsideration. Government reconsidered it and passed Ext. P10 order, again rejecting it, on the ground of delay. Ext. P10 is dated 25.5.1991. By that time, a note was introduced under R.3(i)(A) Chapter VI KER providing for condonation of delay. But that will be allowed, as per the said note, only in respect of those who have not crossed the age of 50 years. Thus, when Ext. P10 was issued, though there was provision for condonation of delay, the petitioner was not entitled for condonation, because he had crossed the age of 50 years. So, I see no reason to interfere with Ext. P10 order whereby the petitioner's request for condonation of delay is rejected. Before introduction of this note, there was no provision for condonation of delay.

4. Petitioner further submits that even independent of the correction of date of birth in the SSLC book, the entry of date of birth in Service records can be corrected. So, his application dated 25.6.1986 ought to have been entertained and his request could not have been rejected by Ext. P4, directing him to obtain correction in the SSLC Book. He further submits that orders like Ext. P11 had been issued in the case of similarly placed persons correcting the entry of date of birth in Service Book without the corresponding correction in the SSLC Book. The petitioner also points out that similar treatment as given in Ext. P11 to other persons is not given to the petitioner. Thus, there is discrimination. The petitioner also points out, relying on the decision reported in Ramachandran Nair v. State of Kerala (1990 (2) KLT Short Note 18), that the correction of date of birth in the school records can only be treated as a piece of evidence to support his claim that the date of birth entered in the service rec








1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
whatsapp-icon Back to top