The government reserves the right to judge each case on its merits and decide whether the correction of date of birth in the service register should be allowed, taking into account relevant factors.

Malimath. G. J.

The petitioner made an application for correcting his date of birth entered in the service register wherein' his date of birth is shown as 12-5-1107 M.E. The case of the petitioner was that he has got his date of birth corrected in the S.S.L.C. register and therefore a consequential correction in the service register should be made so that he has the benefit of remaining in service for longer period. That application was rejected on the ground that the correction of date of birth in the school records does not cast an obligation on the Government to carry out that correction in the service records as a matter of course and that the Government has the right to consider the merits of each case independently subject to the condition stipulated in GO. (MS) No. 39/79/PD dated 22-1-1972. It is made clear in the said order that except in exceptional cases where it has been adequately made out that the concerned officer did not and could not have an opportunity to make his request for correction or alteration of date of birth, a Govt. servant will cot be allowed to make a request for correction of his date of birth in the service register, with its two years of the date of his retirement. The Government has noted that the application for correction of the date of birth in the service register of She petitioner was made en 12-9-1986 at the fag end of his service as be is required to retire on 31-3-1987 according to the age noted in the service register. The Government found that no explanation for the delay Les been given and no reason for net applying for collection of the date of birth in time has been furnished by the petitioner. It is in this background that the application has been rejected. It is the said order that was challenged before the learned single Judge. The learned single judge has referred this case for admission to the Division Bench. Hence we have heard the learned counsel for the petitioner for admission.

2. This case is fully covered by the decision rendered by us in 1987 (1) KLT. 882 decided on the 17th July, 1986. Identical issue was examined in that case with reference to the relevant provisions of the Government order and the relevant statutory provisions. This court after examination has come to the conclusion that the correction of the date of birth to the S.S.L.C. register does not automatically entitle the applicant to get his date of birth corrected in the service register. It has been pointed out that the Government has to consider the question on merits including the question as to whether that application was filed within two years before the date of retirement and as to whether there is justifiable reason for entertaining the belated application. It is therefore in the realm of appreciation of facts, the question whether the belated application should be entertained. The Government having found that no good reasons have been given for entertaining be belated Application and that it docs not merit being examined, it is not possible to interfere with the said finding of the State Government,

3. The petitioner however submitted relying upon the decision in 1987 (1) KLT. 558 that in a situation like this where the delay has been condoned by the State Government in the matter of making corrections in S.S.L.C. records, the Stats Government if it is not inclined to accept the belated application made for making entry in the service register it should give an opportunity to the applicant of explaining the reasons for the delay. With respect, we find it difficult to agree with the reasoning adopted in 1987 (1) KLT. 558. The same is clearly inconsistent with the Division Bench ruling rendered by us in 1987 (1) KLT. 882. Government order, G.O. (Ms) No. 123/75/ PD. dated 16-6-1975 has been issued after examining such problems where applicants make requests for correction of the date of birth in the service register after obtaining correction in the S.S.L.C. register. It has been made clear