JUDGMENT : It is not uncommon in teachers of aided Schools-functioning under the Kerala Education Act and Rules thereunder approaching this Court against orders of the Government, rejecting their applications for correction of date of birth in their service records. 2. However, what sets this case apart is that the petitioner predicates that the period stipulated in Rule 28 of Chapter XIVA of the Kerala Education Rules (KER), which is the applicable statutory provision enabling making such an application, has been not correctly understood by the Government. 3. I find force in the afore contention of the petitioner, the reasons which I will indite presently, after the constitutive facts are first recorded. 4. The petitioner is a High School Teacher (HST) in Mathematics in the 'Ponnani Girls High School', and he assails exhibit P6 order of the Government of Kerala dated 07.03.2009, which rejects his request for correction of his date of birth in his Service Book, citing the reason that his application for the same is beyond the time stipulated in Rule 28 of Chapter XIVA of the KER. 5. The petitioner says that he entered service on 01.11.1989; and that, since his date of birth had been wrongly recorded in his educational records as 25.05.1965, the same error came to be carried over to his Service Book also. He says that, he, therefore, made an application to the 2nd respondent – Commissioner for Government Examinations, for correction of his educational records, which was allowed by the said Authority through Ext.P1 order on 20.01.1999. He says that his date of birth in the educational records was thus validly corrected, which is evident from Ext.P2; and that on the strength of same, he applied to the Government for correction of his Service Book on 19.07.1999. He says that however, his afore application was rejected by the Government saying that it is belated, going by the provisions of Rule 28 of Chapter XIVA of the KER. 6. The petitioner asserts that his application was made within the statutorily prescribed period and that he, therefore, approached the Government again; but to be refused through Exts.P5, P8 and P9 orders. The petitioner consequently, prays that all of the afore orders be set aside and the Government be directed to correct his Service Book, with reference to the correction of his date of birth already effected in his educational records. 7. The petitioner consequently, prays that all of the afore orders be set aside and the Government be directed to correct his Service Book, with reference to the correction of his date of birth already effected in his educational records. 7. I have heard Sri.K.P.Dandapani, learned Senior Counsel, instructed by Sri.Premchand appearing for the petitioner; and the learned Senior Government Pleader – Sri.P.M.Manoj, appearing for the official respondents. 8. Sri.K.P.Dandapani, learned Senior Counsel, submitted that as per Rule 28 of Chapter XIVA of the KER, correction of Service Book is to be allowed when the conditions therein are complied with. The learned Senior Counsel submitted that his client has already satisfied all the imperative requirements; and therefore, that the Government was in error in having rejected his application, solely saying that it had been submitted beyond time. 9. The learned Senior Counsel pointed out that the afore referred provision of the KER makes the conditions enumerated by the Government as regards its servants, for correction of Service Book, fully applicable to teachers under the KER also; and therefore, that the provisions of the Government Order, bearing No.G.O.(P)No.45/91/P&ARD dated 30.12.1991, becomes focal in this case. 10. Sri.K.P.Dandapani thus contended that the afore mentioned Government Order, a copy of which has been placed on record as Ext.P4, renders it apodictic that a Government servant must apply for correction of his/her date of birth in service records within a period of five years from the date of his/her entry in service. He then added that, as far as those who have already crossed this limit, the said order provides one year's further time from its date, for making such application. 11. Sri. K.P. Dandapani then expanded his argument, showing me that Ext.P4 order was incorporated into Rule 28 of Chapter XIVA of the KER only on 22.03.1999, though given retrospective effect with effect from 30.12.1991 - being the date of the said order. Sri. K.P. Dandapani, therefore, submitted that when Ext.P4 Government Order dated 30.12.1991 was adopted into the KER only on 22.03.1999, the additional period of one year mentioned in it-qua those persons who have already been in service for over five years-will have to be deemed to run only from that date, namely, 22.03.1999. He submitted that if this is so reckoned, then his client's application, made on 19.07.1999, would certainly become filed within time. He submitted that if this is so reckoned, then his client's application, made on 19.07.1999, would certainly become filed within time. He thus prayed this writ petition be allowed and the 1st respondent be directed to reconsider his client's request for correction of his Service Book, so that he can continue in service without break. 12. The learned Senior Government Pleader – Sri.P.M.Manoj, in answer to the afore submissions of the learned Senior Counsel, Sri.K.P.Dandapani, submitted that Rule 28 of Chapter XIVA of the KER makes it apodictic that the provisions of Ext.P4 Government Order would apply to teachers in aided Schools, under the KER also. 13. The learned Senior Government Pleader then asserted that since Ext.P4 order makes it incumbent on a teacher to apply for correction of his/her date of birth in the Service Book within a period of five years after he/she entered service; and since it further allows a period of one year for those teachers who have crossed that limit, the petitioner's application made on 19.07.1999 cannot be found to be within time on either of these parameters. 14. Sri.P.M.Manoj supplemented his afore submissions by arguing that a mere correction of the educational records would not obtain to the petitioner an automatic right to have his Service Book corrected, since each case will have to be decided by the Government independently on its merits, as has also been made clear in Ext.P4 Government Order. He thus prayed that this writ petition be dismissed. 15. The contentions of the rival sides being so recorded, it becomes pertinent that the specific issue arising in this writ petition does not appear to have been impelled before this Court any time before, since the parties have been unable to place any precedent for my inspection. 16. It is uncontested that Ext.P4 Government Order, dated 30.12.1991, applies to teachers under the mandate of Rule 28 of Chapter XIVA of the KER; but the question whether the additional one year period mentioned in the said order would run from its date or from the date on which it was incorporated into the KER, does not appear to have earlier engaged the attention of this Court. 17. For a complete hang of the issue under consideration, the mandate of Rule 28 of Chapter XIVA of the KER, will have to be carefully assessed, for which purpose, it is reproduced under: “28. 17. For a complete hang of the issue under consideration, the mandate of Rule 28 of Chapter XIVA of the KER, will have to be carefully assessed, for which purpose, it is reproduced under: “28. The date of birth on page one of the Service Book shall be entered in words as well as in figures. Once the date of birth has been accepted and recorded in the Service Book it shall form conclusive evidence of the same in respect of all future transactions on the matter. Note I:- The date of birth to be entered in the Service Book at the time of the entry in service shall be that entered in the school Admission Register, Matriculation Book or S.S.L.C. Book. For making alteration to such entries relating to date of birth in the Service Book subsequently, the procedure laid down in the case of Government employees under G.O.(Ms.) 39/72/PD dated the 22nd January 1972 and G.O.(Ms.)123/75/PD dated the 16th June, 1975 which were made applicable to aided school staff (teaching and non-teaching) as per G.O.(Ms.)139/76/G.Edn. dated the 17th July, 1976 [and also G.O.(P)No.45/91/P&ARD dated 30th December 1991, issued in modification of the existing orders in this matter] shall be followed and the conditions stipulated in these G.O. in regard to correction of date of birth shall be applicable to aided school staff (teaching and non-teaching) as well]. Note II:- The procedure laid down by the Government from time to time regarding alteration of date of birth in Service Book of Government employees shall, mutatis mutandis, be applicable to aided school staff (teaching and non-teaching) as well. Provided that the date of birth once entered and duly attested by the Educational Officer under Rule 29 shall be changed only under sanction obtained from Government. 18. The afore Rule renders it manifest that the corrections of Service Book by a teacher will have to abide by Ext.P4 Government Order dated 31.12.1991. The relevant portions of this order is as extracted ut infra: “3. Still an opportunity can be granted during he initial periods of one's service to make corrections in bonafide cases Government are pleased to adopt the system followed by Government of India in this mater. The relevant portions of this order is as extracted ut infra: “3. Still an opportunity can be granted during he initial periods of one's service to make corrections in bonafide cases Government are pleased to adopt the system followed by Government of India in this mater. They accordingly order in the modification of the existing orders that applications for correction of date of birth if any needed in the case of a Government Employee shall hereafter be made within five years of one's entry in service. In the case of those who have already crossed this limit, one year time from the date of this order shall be allowed provided they apply beyond the two year period preceding retirement, reckoned with reference to the date of birth as recorded in the Service Book. The applications for correction of date of birth in Service Book shall be submitted to Government in the Administrative Department concerned, through proper channel”. 19. Therefore, it cannot be even doubted that every teacher under the KER will have to apply for correction of his/her date of birth in the service record within a period of five years after he/she entered service. The said order then clarificatorily adds that qua those persons who have already crossed this limit, an additional period of one year will be allowed from its date. 20. That being so said, as rightly contended by Sri.K.P.Dandapani, Ext.P4 order had not been adopted by the KER until 22.03.1999; and when it was so done, it was given retrospective effect from 30.12.1991. Obviously, therefore, when the said Government Order was incorporated into the KER only on 22.03.1999, the additional period of one year mentioned therein -as far as teachers and staff covered by the KER are concerned -can only be deemed to begin from that date and not from 30.12.1991, because, otherwise it would create an absurd situation where this period would have to be taken to be running from a date when it was not even in contemplation that the said order would be incorporated into the KER. 21. In that sense of the matter, I am certain that the petitioner's application made on 19.07.1999, cannot be found to be beyond time because, going by my holdings above, the period of one year mentioned in Ext.P4 would only expire on 21.03.2000. 22. 21. In that sense of the matter, I am certain that the petitioner's application made on 19.07.1999, cannot be found to be beyond time because, going by my holdings above, the period of one year mentioned in Ext.P4 would only expire on 21.03.2000. 22. I am, consequently of the certain view that the impugned Government Orders, which have rejected the petitioner's request for correction of his date of birth in his service records as being belated, deserve to be set aside; and his application for such purpose directed to be reconsidered, treating it to have been made within time. Thus, I allow this writ petition and set aside Exts.P6,P8 and P9; with a consequential direction to the Government to reconsider the petitioner's application dated 19.07.1999 for correction of his date of birth in his Service Book, construing the same to have been filed within time under the provisions of Rule 28 of Chapter XIVA of the KER, after affording him an opportunity of being heard-either physically or through video conferencing – thus culminating in an appropriate order thereon, as expeditiously as is possible, but not later than two months from the date of receipt of a copy of this judgment. Needless to say, if, after the afore exercise – which shall be completed strictly as per the mandate of Ext.P4 order dated 30.12.1991-the Government feels that the date of birth of the petitioner is eligible to be corrected in his service records, his further claim for continuation in service shall also be considered by it in the resultant order. This writ petition is thus ordered.