1. The petitioner was born on 13-11-1918. By a clerical mistake his date of birth was shown in his Teachers Training Certificate as 6-9-1916. Consequently, his service book also shows his date of birth as 6-9-1916. By an order of 3-11-1977, the Commissioner for Government Examinations directed correction of the mistaken entry of his date of birth in the T. T. Certificate, and this has been done. Ext. P1, T. T. Certificate now shows the petitioners date of birth as 13-11-1918. However, his application for correcting his date of birth entered in his service book was rejected by the Government as per Ext P2 proceedings on the ground that the application in that behalf was filed out of time. Petitioner prays for a writ of certiorari quashing Ext. P2 order and for a writ of mandamus directing the Government to correct the entry relating to his date of birth in his service book from 6-9-1916 to 13-11-1918 and to pay the petitioner all salary and allowances on the basis of such correction.

2. At the time this writ petition was filed the petitioner was the headmaster of the aided school under the management of the 3rd respondent He retired from service on 31-3-1979. Thus his date of superannuation was reckoned on the basis that his date of birth is 13-11-1918 He continued in service till then by virtue of interim orders passed by this Court and subject to the conditions imposed thereby that he will not be entitled to any pay until further orders After his retirement this Court directed to fix the petitioners pension subject to the final result of this original petition. excluding the last two years of his service. It has been stated in the affidavit in support of C. M. P. 21079 of 1981 filed on behalf of respondents land 2 that this has been done, though not within the time stipulated in that behalf by this Court

3. Chapter XIV of the Kerala Education Rules, 1959 prescribes the conditions of service of aided school teachers. R.28 in Part A thereof requires that the date of birth of the teacher shall be entered on page 1 of his service book. The Note thereto says thatthe date of birth shall be that in the School Admission Register, Matriculation Book or S S L. C. Book. It is the petitioners case that his correct date of birth is 13-11-1918. Though he has not produced the School Admission Register. Matriculation Book or SSLC. Book to substantiate the same, his statement that his date of birth is 13-11-1918 is not disputed. He has produced Ext. P1 Teachers Training Certificate which as corrected shows his date of birth as 13-11-1918. This we assume was on the basis that the date of birth of the petitioner as shown in the Admission Register and bis Matriculation or S S. L. C. book, as the case may be is 13-11-1918. Therefore we proceed on the basis that this is the date of birth of the petitioner as shown in the Admission Register and the Matriculation Book or the S S. L. C. book, as the case may be. If so that shall be the date of birth entered on page 1 of his service book.

4. Respondents 1 and 2 contend that the petitioners application dated 26-11-1977 for correction of his date of birth in the service book was belated. They rely on G O (MS) No. 39/72/PD dated 22-1-1972 and G.O. MS. No.123/75/PD dated 16-6-1975, as per both of which, such request unless made before two years of his date of retirement on the basis of the date of birth already entered in the service book, shall not. normally, be allowed. The learned Advocate General also pointed out that as per these Government orders correction of date of birth in the school records would not oblige the Government to correct the date of birth entered in the service book and that these two Government orders have been made applicable to teachers of private aided schools by G O. MS. J39/76G Edn. dated 17-7-1976. This is the only contention urged before us in support of Ext. P2 order.

5. The Government Orders referred to above cannot override the statutory Rules in the Kerala Education Rules, 1959. The Note to R.28 in Chap.14-A of the aforesaid Rules is part of R.28. In Tara Singh v. State of Rajasthan (AIR 1975 SC 1487 [LQ/SC/1975/132] (1490) the Supreme Court said:

"The notes are promulgated with the rules in exercise of legislative power. The notes are made contemporaneously with the rules. The function of the notes is to provide procedure and to control discretion. The real purpose of the notes is that when rules are silent the notes will fill up gaps."

What the Note to R.28 in Chap.14-A requires is that the date of birth entered in the Admission Register or one or the other of the books mentioned therein shall be entered in the service book. There is no merit in the contention advanced on behalf of respondents 1 and 2.

6. In Cniruthakutty v. State, O. P No. 5527 of 1975 short notes whereof is reported in 1976 K.L.N. 235 as case No 203, our learned brother Narendran J. held that in view of the Note to R.28 in Chap.14-A in the Rules, on correction of the date of birth of a private aided school teacher in the school records mentioned above, correction of his date of birth in the service book is automatic We are in full agreement with this construction placed on R.28. However, the learned judge rested the decision in that case on the fact that the two Government Orders of 22-1-1972 and 16-6-1975 would govern only Government servants and not private aided school teachers. Presumably G.O.MS.139/76 Edn dated 17-7-1976 was not brought to the notice of the learned judge - the decision in Chiruthakuttys case was on 15-11-1976. Taking note of the Government order of 17-7-1976, a Division Bench of this Court said in State of Kerala v. Ulahannan (1977 KLT 620), that the two earlier Government Orders have been made applicable to private aided school teachers and therefore, those Government Orders govern the correction of date of birth of such a teacher in his service book. This decision did not consider the effect of the Note to R.28 in Chap.14-A. We, therefore, do not think, with respect that, the Ulahannans case lays down the correct law.

7. The petitioner is entitled to have the relief mentioned above. We quash Ext. P2 order. We also direct respondents 1 and 2 to correct the petitioners date of birth from 6-9-1916 to 13-11-1918 in his service Book. It is declared that he continued in service till 31-3-1979 lawfully and that he is entitled to have all consequential monetary benefits, before and after his retirement, on that basis The said respondents shall pass appropriate orders as regards the monetary benefits the petitioner is entitled to within a period of three months hereof and thereupon shall pay to him arrears of such benefits, if any, that have become due by then less any amount that has been paid to him in that behalf. This writ petition is allowed as aforesaid. The parties shall suffer their costs. Allowed.