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2009 Supreme(Online)(KER) 34783

HIGH COURT OF KERALA
KURIAN JOSEPH, HARUN-UL-RASHID, JJ
B.SASIDHARAN PILLAI – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SRI.ELVIN PETER P.J. & GOVERNMENT PLEADER SRI.BENNY GERVASIS

JUDGMENT

Kurian Joseph,J.

Appellant is the petitioner. The dispute pertains to the issue regarding the correction of date of birth. The writ petition was dismissed mainly on the ground of delay and laches on the part of the petitioner and hence the writ appeal.

2. Short facts. The date of birth as originally entered in the school records of the petitioner is 20-11-1953. The writ petitioner joined service as Typist on 25-6-1976. By order dated 5-9-1977 of the Commissioner of Examinations the date of birth was corrected as 27-10-1954. The consequential correction was effected in the school records as per Ext.P3. Petitioner made Ext.P6 submission dated 1-10-1977 for correction in the service records. It is seen that the corrected date of birth as 27-10-1954 was entered in the service records as per Ext.P7. The correction is seen to have been made by the Under Secretary to Government, Law Department and the same was attested by the Under Secretary to Government, Finance Department. After about ten years an objection was raised as per Ext.P9 memo dated 19-5-1989 stating that for effecting the correction in the date of birth prior sanction of the Government was required. Petitioner submitt

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