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2012 Supreme(Ker) 770

MANJULA CHELLUR, A.M.SHAFFIQUE
State of Kerala, Represented By The Principal Secretary to Government – Appellant
Versus
M. A. Francis – Respondent


Advocates appeared:
For the Petitioners: P.I. Davis, Sr. Government Pleader.
For the Respondent: N. Raghuraj, SC.

Judgment :-

Manjula Chellur, CJ.

1. Heard learned Government Pleader as well as learned counsel for respondent.

2. Respondent herein was the writ petitioner before the learned Single Judge who sought correction of his date of birth in the service record. It is not in dispute that the respondent herein joined in the department of Excise as Inspector and he was promoted as Commissioner of Excise at the relevant point of time. At the time of joining service, the date of birth given was 30/11/1956 though his actual date of birth was 25/12/1956. In this regard, in 1991 he submitted an application at Ext.P5 seeking correction of his date of birth in the service record on 01/12/1992. As a matter of fact, on 20/11/1991 as per Ext.P1, he submitted an application seeking correction of his date of birth in the SSLC. book by placing reliance on his baptism certificate along with an application for condonation of delay in filing the said application. It is not in dispute that delay in filing the application for correction of date of birth in the SSLC book was condoned by the Government as per Ext.P2 dated 20/01/1992.

3. At the time of joining service, the rule providing correction of date of bir



















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