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 birth in service record was to the effect that two years before the retirement, a particular government servant could ask for change of date of birth in the service record. However, this Rule came to be amended and by order at Ext.P4 dated 30/12/1991, the entire procedure for correction of date of birth in service book of Government employees came to be modified. By virtue of Ext.P4, correction of date of birth could be sought by a Government employee within a period of five years from the date of entry into service. A concession was also given to such employees who requires correction of date of birth if period of five years is already completed from the date of entry into service, that is one year from the date of Government order Ext.P4 such correction could be asked provided they apply prior to two years preceding retirement.

4. In the present case, apparently when application as per Ext.P5 dated 01/12/1992 for correction of date of birth in the service book came to be submitted, attested copy of the corrected S.S.L.C book was not annexed as there was no correction of date of birth so far as S.S.L.C book is concerned. According to writ petitioner, though he submitted an application on 20/11/1991 and the Government condoned the delay in filing the application, the Commissioner for Government Examinations took his own sweet time in disposing of the said application on 30/06/1997 for no fault of the writ petitioner. According to writ petitioner, after obtaining correction in the SSLC book when he moved for correction of date of birth in the service records, department rejected the same. However, on realising that similarly placed persons got a favourable order from the Government, he approached this Court on earlier occasion in W.P.C.No.19264/2004 challenging Exts.P8 and P9 placing reliance on Exts.P11 and P12. However, this Court directed the Government to reconsider the case of the petitioner in the light of Exts.P11 and P12 orders passed by the Government pertaining to other Government employees. Unfortunately, again there was rejection of his application by order at Ext.P14 on the ground that the application has been filed without complying with the requirements of Ext.P4 Government Order as the application did not accompany corrected SSLC book, the relevant document for such correction.

5. Aggrieved by this, the writ petitioner approached the learned Single Judge. The learned Single Judge, after referring to all aspects of the matter including strenuous contention raised by the Government that Ext.P4 direction has to be complied in strict adherence to the terms and conditions referred to at Ext.P4, the learned Single Judge proceeded to allow the writ petition only on the ground that Commissioner for Government Examinations took nearly six years to