IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 26TH MARCH 2010 / 5TH CHAITHRA 1932 WP(C).No. 9056 of 2010(F) ------------------------- PETITIONER(S): --------------- GIRIJA.R.,W/O.MOHANA CHANDRA KURUP, AGED 55,WORKING AS ICDS SUPERVISOR,ALAPPUZHA URBAN ICDS OFFICE, KANNAN VARKEY BRIDGE, CIVIL STATION P.O.,ALAPPUZHA,RESIDING AT"KARTHIKA" MARARIKULAM NORTH (P.O)S.L.PURAM, ALAPPUZHA. BY ADV. SRI.C.A.CHACKO RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM. 2. THE SECRETARY TO GOVERNMENT, DEPARTMENT OF SOCIAL WELFARE, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM. 3. CHILD DEVELOPMENT PROJECT OFFICER, ICDS OFFICE,KANNAN VARKEY BRIDGE, CIVIL STATION (P.O),ALAPPUZHA, 4. SECRETARY (REGISTRAR OF BIRTHS & DEATHS) MANNANCHERRY GRAMA PANCHAYATH, MANNNANCHERRY, ALAPPUZHA DIST. GOVERNMENT PLEADER SRI.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T.RAVIKUMAR, J. ``````````````````````````````````````````````````````` W.P.(C) No. 9056 of 2010 F ``````````````````````````````````````````````````````` Dated this the 26th day of March, 2010 J U D G M E N T The petitioner is presently working as ICDS Supervisor under the 3rd respondent and she is due to retire on 31-03-2010. The grievance of the petitioner is that the respondents are not taking steps to permit the petitioner to correct her date of birth in her service book and to grant the consequential benefits. 2. According to the petitioner, her actual date of birth is 17-06-1955 and the same is evident from Ext.P1 birth certificate. In her SSLC book, the date of birth has been entered as 30-11- 1954 and the same was incorporated in the service book. The contention of the petitioner is that she was incapacitated to take appropriate steps in time to get the SSLC book corrected on account of the missing of the relevant birth register in the office of the 4th respondent. Long later, on coming to know that such registers are available in the office of the 4th respondent, she approached the 4th respondent and obtained Ext.P1 birth certificate. Ext.P1 birth certificate is dated 29-12-2008. It was WPC.9056/2010 : 2 : after obtaining Ext.P1 that the petitioner submitted Ext.P2 application dated 09-01-2009. In response of Ext.P2, Government issued Ext.P3. It was specifically stated therein that the request of the petitioner could not be accepted in view of G.O(P) No.45/91/P&ARD dated 31-12-1991. Ext.P4 is the said Government Order. It was in the said circumstances that the writ petition has been filed by the petitioner. 3. The petitioner joined service as ICDS Supervisor in the year 1991. It is evident from Ext.P4 that the said Government Order was issued in the year 1991. The said Government Order provides the time limit within which a concerned employee has to approach the authority for correction of date of birth in the service book. It was specifically stated therein that applications for condonation of delay and for entertainment of applications in relaxation of the condition regarding the time limit would be summarily rejected. Though the petitioner entered in service in 1991, Ext.P2 would reveal that she submitted the application for correction of date of birth along with relevant documents only on 09-01-2009. As noticed herein before, she is due to retire from WPC.9056/2010 : 3 : service on 31-03-2010. In the light of Ext.P4 Government Order and in view of the settled position, such a belatedly filed application cannot be entertained. In the light of the relevant Government Order and also the settled position, I cannot uphold the contention of the petitioner that Ext.P3 is illegal and irrational. In fact, it is passed strictly adhering to Ext.P4. There is no merit in the writ petition and accordingly it is dismissed. (C.T.RAVIKUMAR, JUDGE) aks