High Court of Kerala
Antony Dominic, Anil K. Narendran, JJ.
K Vijayan - Appellant
Versus
Jacob Job & Ors - Respondent
O.P.(KAT) No. 173 of 2014
Decided On : 19-12-2014
Anil K. Narendran, J.
1. The petitioner in these O.P.(KAT)s is the 3rd respondent in O.A.Nos.2054/2013 and 671/2013 on the file of the Kerala Administrative Tribunal at Thiruvananthapuram.
2. The 1st respondent in O.P.(KAT)No.174/2014 filed O.A.No.671/2013 before the Tribunal seeking an order to quash Annexure A7 Government Order dated 19.8.2010 correcting the date of birth of the petitioner in these O.P.(KAT)s as 29.10.1957' in his service book, in the place of the existing entry 25.3.1956'. He also sought declarations to the effect that, the correction of date of birth in the service book of the petitioner based on the application submitted on 20.11.1995, after the time limit stipulated in Annexure A1 Government Order dated 30.11.1991, is illegal, arbitrary and without jurisdiction; and that the inclusion of the name of the petitioner in Annexure A12 proposal sent by the State Police Chief to the Government in May, 2012, for preparation of a select list of the officers of the State Police Service for appointment to Indian Police Service (IPS) by promotion, on the basis of the date of birth corrected as per Annexure A7 Government Order, is arbitrary and illegal.
3. Similarly, respondents 1 to 3 in O.P.(KAT) No.173/2014 filed O.A.No.2054/2013 before the Tribunal seeking an order to quash Annexure A4 Government Order dated 19.8.2010 (same as Annexure A7 in O.A.No.671/2013) correcting the date of birth of the petitioner in these O.P.(KAT)s in his service book. They also sought a declaration that, the correction of date of birth in the service book of the petitioner as evidenced by Annexure A4 is illegal, arbitrary, without jurisdiction or authority and that the petitioner is not entitled for any service benefit based on the correction of his date of birth in the service book.
4. The Tribunal, by an order dated 30.4.2014, produced as Ext.P11 in O.P.(KAT)No.173/2014 and as Ext.P4 in O.P.(KAT) No.174/2014, allowed O.A.Nos.671/2013 and 2054/2013, holding that Annexure A4/A7 Government Order dated 19.8.2010 has been issued in gross violation of the conditions contained in Annexure A1/A2 Government Order dated 30.12.1991 and therefore Annexure A4/A7 order dated 19.8.2010 is manifestly illegal in the light of the law laid down in Annexures A8, A9 and A10 judgments produced in O.A.No.671/2013 and also the binding judgments of a Division Bench of this Court in State of Kerala v. Francis ,2012 (4) KLT 722. The Tribunal also held that, the Original Applications are not barred by limitation. Accordingly, the Tribunal quashed Annexure A4/A7 order dated 19.8.2010. It is aggrieved by order dated 30.4.2014 of the Tribunal in O.A.Nos.671/2013 and 2054/2013, the petitioner is before us in this O.P.(KAT)s.
5. We heard the arguments of the learned counsel for the petitioner in these O.P.(KAT)s, the learned counsel for respondents 1 to 3 in O.P.(KAT)No.173/2014, the learned Senior Counsel for the 1st respondent in O.P.(KAT)No.173/2014 and the learned Senior Government Pleader for the official respondents.
6. The learned counsel for the petitioner contended that, the Tribunal went wrong in interfering with Annexure A4/A7 order dated 19.8.2010 since delay, if any, occurred on the part of the Commissioner for Government Examinations in correcting the date of birth in the SSLC Book, being not attributed to the petitioner. The learned counsel contended further that, the applicants before the Tribunal have no locus standi to challenge the aforesaid Government Order and that, the challenge made in that O.A.s was barred by limitation.
7. The learned Senior Government Pleader appearing for the official respondents contended that the Government have ample power to review Annexure A2/A1 Government Order dated 17.4.1997, by which the earlier request made by the petitioner for correction of date of birth in service records was rejected, and that Annexure A4/A7 Government Order dated 19.8.2010 is perfectly legal.
8. Per contra, the learned Senior Counsel for the
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