The judgment establishes the importance of adhering to prescribed procedures and timelines for correcting date of birth in service records, emphasizing the impact on promotions and the legitimate expectations of other employees.

K.S. Radhakrishnan, J.

1. Petitioner is now working as Assistant Engineer in the Service of the Kerala State Electricity Board. He has approached this Court seeking a direction to respondents 2 and 3 to correct the petitioner's date of birth as 10.9.1994, and also a writ of certiorari to quash Ext. P9 order rejecting the petitioner's request for correction of date of birth in his service records.

2. Petitioner is due to retire on 30.9.1997, going by the entries made in the service records. The date of birth entered in the service records of the petitioner is 9.9.1942. According to petitioner the said entry is wrongly made, since incorrect date of birth happened to be entered in the SSLC book. Petitioner submits his correct date of birth is 10.9.1944 and he need retire only on 30.9.1999.

3. Government issued an order dated 30.12.1991 pertaining to correction of date of birth of employees in Government service. Government noticed the growing tendency on the part of the Government employees to get the date of birth corrected when they are about to retire from service. Eventhough Government felt there was no necessity of even granting any opportunity to the employees for getting the date of birth corrected in the service records, Government still thought an opportunity be granted in bona fide cases. In modification of the various earlier orders, it was ordered that applications for correction of date of birth should be submitted to Government in the Administrative Department concerned, through proper channel, within a period of five years from the date of entry into service. However, in the case of those who are already in service, they have to submit the applications within a period of one year from the date of the Government order, provided they apply beyond the two year preceding retirement, reckoned with reference to the date of birth as recorded in the Service Book. It is also provided in the said order, applications should be supported by attested copies of the SSLC/ SSC Book or extract of school record as corrected. Applications for condonation of delay and for entertainment of applications in relaxation of the condition regarding time were ordered to be rejected summarily.

4. The above mentioned Government order was adopted by the Electricity Board by Ext. P4 order dated 24.11.1992 Those persons who are in the service of the Board had to submit their applications on or before 24.11.1992.

5. Petitioner did not apply for correction of date of birth in the SSLC book as per the Kerala Education Rules in time. Consequently he approached the Government for condonation of delay in submitting the application for correction of date of birth in the SSLC book. Ext. P1 is the order dated 3.10.1992 condoning the delay in submitting application for correction of date of birth in the SSLC. Later petitioner submitted an application 3.9.1993 before the Commissioner for Government Examinations for carrying out the necessary correction of date of birth in the SSLC book. An order was passed by the Commissioner for Government Examinations on 20.1.1996 according sanction for correction of date of birth from 9.9.1942 to 10.9.1944 in the school records. Petitioner then submitted an application before the Board on 3.4.1996 through proper channel. He also submitted the order of the Commissioner for Government Examinations. A copy of the corrected SSLC book was also forwarded to the Chief Engineer of the Board. Matter was considered by the Board, and the Board declined to entertain the petitioner's application, and the same was rejected by Ext. P9 order.

6. Contention raised by counsel for the petitioner is that Board is not justified in rejecting the petitioner's application. Counsel stated application for correction of date of birth in the SSLC book was submitted on 3.9.1993. In fact the Government condoned the delay in submitting the application before the Commissioner. However, the same was got correct