Kerala High Court
Antony.M.P vs The State Of Kerala on 7 July, 2025
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
O.P. (KAT) No.295/2025 :1:
2025:KER:49859
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE JOHNSON JOHN
MONDAY, THE 7TH DAY OF JULY 2025 / 16TH ASHADHA, 1947
OP(KAT) NO. 295 OF 2025
AGAINST THE ORDER DATED 17.06.2019 IN OA (EKM) NO.1762 OF 2017 OF
KERALA ADMINISTRATIVE TRIBUNAL AT THIRUVANANTHAPURAM (CAMP SITTING,
ERNAKULAM)
PETITIONER/APPLICANT IN OA:
ANTONY.M.P., AGED 44 YEARS, S/O.POULOSE, SPECIAL VILLAGE
OFFICER, ALOOR VILLAGE OFFICE, CHALAKKUDY, THRISSUR DISTRICT
- (NOW WORKING AS VILLAGE OFFICER, KUTTICHIRA VILLAGE OFFICE,
CHALAKKUDY, THRISSUR DISTRICT - 680 721) RESIDING AT MOOLAN
HOUSE, MURIKUNGAL.P.O, THRISSUR, KERALA, PIN - 680 691.
BY ADVS.
SRI.BRIJESH MOHAN
SMT.RESMI G. NAIR
RESPONDENTS/RESPONDENTS IN OA:
1 THE STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT, PERSONNEL AND
ADMINISTRATIVE REFORMS DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, KERALA, PIN - 695 001.
2 THE LAND REVENUE COMMISSIONER
OFFICE OF THE LAND REVENUE COMMISSIONER, REVENUE COMPLEX,
PUBLIC OFFICE COMPOUND, MUSEUM JUNCTION,
THIRUVANANTHAPURAM, KERALA, PIN - 695 001.
3 THE DISTRICT COLLECTOR, COLLECTORATE, THRISSUR,
KERALA, PIN - 680 001.
SRI. A.J. VARGHESE, SR. GOVERNMENT PLEADER
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR
ADMISSION ON 07.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P. (KAT) No.295/2025 :2:
2025:KER:49859
A.MUHAMED MUSTAQUE & JOHNSON JOHN, JJ.
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O.P.(KAT) No. 295 of 2025
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Dated this the 7th day of July, 2025
JUDGMENT
Johnson John, J.
The petitioner, who joined service on 10.07.2006, sought correction of date of birth in the service book and the same was rejected for the reason that the said application was not filed within five years of his entry in service. The petitioner challenged the said order in OA No. 1762 of 2017 and the Tribunal, as per order dated 17.6.2019, dismissed the Original Application finding no illegality or irregularity in the Government Order.
2. This petition under Article 227 of the constitution of India is filed on 15.06.2025 challenging the above order of the Tribunal dated 17.6.2019. It is true that there is no statutory limitation for filing a petition under Article 227 of the Constitution of India. But, this Court has the discretion to examine the delay and can dismiss the petition in the absence of satisfactory explanation for the delay.
3. The contention of the petitioner is that the delay in submitting the application for correction of date of birth in the service book was because of the time taken for correction of date of birth in the SSLC O.P. (KAT) No.295/2025 :3: 2025:KER:49859 Book. The Tribunal has considered the contentions of the petitioner in extenso and dismissed the application as per order dated 17.06.2019.
4. We would have been persuaded by the argument of the learned counsel for the petitioner, Shri Brijesh Mohan, to condone the delay in filing this Original Petition, if there is some merit in the challenge made by the petitioner before the Tribunal.
5. This matter is related to the correction of the date of birth.
6. The petitioner entered the service as a Lower Division Clerk on 10.07.2006. As per the Government Order produced as Annexure A1, the correction of date of birth is permissible within 5 years from the date of entry in service.
7. The petitioner's case is that there was a delay in correcting the SSLC book, and therefore, the application submitted in the year 2014 ought to have been considered, excluding the period taken for the correction of the SSLC Book.
8. The Tribunal placed reliance on the judgment of this Court in Vijayan K. v. Jacob Job [2015 KHC 39] and other judgments to hold O.P. (KAT) No.295/2025 :4: 2025:KER:49859 that such exclusion of the period taken for the correction of the SSLC book is impermissible.
In light of the law as above, and also taking note of the delay involved, we do not want to entertain this Original Petition. The Original Petition is accordingly dismissed in limine.
sd/-
A.MUHAMED MUSTAQUE, JUDGE.
sd/-
JOHNSON JOHN, JUDGE.
Rv O.P. (KAT) No.295/2025 :5: 2025:KER:49859 APPENDIX OF OP(KAT) 295/2025 PETITIONER'S ANNEXURES:
Annexure A1 TRUE COPY OF THE BIRTH CERTIFICATE DATED 18-01- 2007 OF THE APPLICANT ISSUED BY THE PUDUKKAD GRAMA PANCHAYAT.
Annexure A2 TRUE COPY OF THE ORDER DATED 26-10-2009 OF THE
JOINT COMMISSIONER FOR GOVERNMENT
EXAMINATIONS.
Annexure.A3 TRUE COPY OF THE JUDGMENT DATED 18-2-2014 IN WRIT
PETITION(C)NO.15169/13 OF THE HON'BLE HIGH COURT Annexure A4 TRUE COPY OF THE ORDER DATED 25-7-2014 ISSUED BY THE GENERAL EDUCATION DEPARTMENT OF THE GOVERNMENT.
Annexure A5 TRUE COPY OF THE ORDER DATED 25-7-2014 ISSUED BY THE GENERAL EDUCATION DEPARTMENT OF THE GOVERNMENT.
Annexure A6 TRUE COPY OF THE RELEVANT PAGES OF CORRECTED SSLC BOOK OF THE APPLICANT.
Annexure A7 TRUE COPY OF GO(P)45/91/P&ARD DATED 30-12-1991. Annexure A8 TRUE COPY OF THE COVERING LETTER OF THE DISTRICT COLLECTOR DATED 1-9-2014 FORWARDING THE APPLICATION OF THE APPLICANT.
Annexure A9 TRUE COPY OF SERVICE DETAILS OF THE APPLICANT FURNISHED BY THE TAHSILDAR, CHALAKUDY DATED 29- 8-2014.
Annexure A10 TRUE COPY OF LETTER DATED 8-2-2017 OF THE LAND REVENUE COMMISSIONER.
Annexure A11 TRUE COPY OF THE LETTER DATED 15-3-2017 ISSUED BY THE TAHSILDAR, CHALAKUDY.
Exhibit P1 TRUE COPY OF OA(EKM)NO.1762/2017 ALONG WITH ANNEXURES A1 TO A11.
Exhibit P2 TRUE COPY OF THE REPLY STATEMENT DATED 6-10-2017
FILED BY THE 3RD RESPONDENT IN
O.A(EKM).NO.1762/2017 ALONG WITH ANNEXURE R3(A). Exhibit R3(a) TRUE COPY OF THE GO(P)NO.45/91/P&ARD DATED 30-12- 1991.
Exhibit P3 TRUE COPY OF ORDER DATED 17-6-2019 OF THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH IN OA (EKM)NO.1762/2017.
RESPONDENTS' EXHIBITS: NIL /True Copy/ P.S to Judge.