Strict compliance with Government orders and procedures is essential for correction of date of birth in service records.

K.S. Radhakrishnan, J.

This is yet another case for carrying out correction of date of birth in the service records. Large number of cases are coming before this Court as well as before the Government for carrying out necessary correction of date of birth in the service records on the eve of retirement of the employees.

2. In the year 1991, Government felt the growing tendency on the part of Government employees to get the date of birth corrected when they are about to retire, had to be discouraged. Accordingly, Government reviewed the entire matter with due regard to the system followed in the case of Central Government employees. Government felt eventhough a person who joins service is aware of his date of birth at the time of entry into service, still an opportunity be given to him to make correction of his date of birth in bona fide cases. Earlier Government orders prescribed that a government employee can apply for correction of date of birth entered in his Service Book upto the period beyond two years preceding his retirement reckoned with reference to the date of birth as originally entered in the Service Book. Government felt the same would cause considerable difficulties to the Administrative Department, as well as for those who are aspiring for promotion. Government therefore, modified the earlier orders and issued an order dated 30.12.1991 stating that applications for correction of date of birth if any needed in the case of a Government employee shall be made within five years of one's entry into service. In the case of those who have already crossed that limit, one year time from the date of that order was allowed, 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 ordered that the applications for correction of date of birth in Service Book shall be submitted to Government in the Administrative Department concerned through proper channel. The conditions that such applications, in the case of those who have attended a School, shall be supported by attested copies of SSLC/SSC book or extract of school record as corrected and that mere correction of date of birth in the school record does not entitle the employee for consequential correction of date of birth in Service Book. Government has to consider each case on its merits, and pass orders. It was ordered that applications for condonation of delay and for entertainment of applications in relaxation of the condition regarding time limit should be summarily rejected.

3. Petitioner is now working as High School Assistant. Her date of birth was recorded in the service record as 25.2.1117 (ME) corresponding to 11.10.1941. On the basis of the Government order dated 30.12.1991, she sent a letter to the Minister for Education, evidenced by Ext. P2, stating that she is applying on the basis of the above mentioned Government order. She wanted to get the service record corrected after getting the SSLC book corrected. It was stated application for correction of date of birth in the SSLC book had been submitted before the Commissioner for Government Examinations. It is pointed out as soon as the SSLC book is corrected, the same would be submitted before the Government. Letter was stated to be received by the Government on 18.7.1992.

4. Petitioner then submitted an application before the Commissioner for Government Examinations evidenced by Ext. P3 dated 4.9.1992. Application was stated to be received by the office of the Commissioner for Government Examinations on 27.9.1992. The application for correction of date of birth in the school records was belated. Consequently, petitioner took up the matter before the Government and Government condoned the delay and accorded sanction under R.3 of Chap. VI of the Kerala Education Rules for submitting the application for correction of date of birth of the petitioner, vide G.O. Rt. No. 5354/92/G.Edn. dated 30.12.1992. Subsequently, pet