IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 29TH OCTOBER 2008 / 7TH KARTHIKA 1930 WP(C).No. 31715 of 2008(A) -------------------------- PETITIONER(S): --------------- K.RAMAKRISHNAN, S/O.GOVINDAN NAIR, KOOLAMPATTAVEEDU, P.O.MANALAYA, ANAMANGAD, MALAPPURAM DISTRICT (SECRETARY, ANAMANGAD SERVICE CO-OP. BANK LTD.NO.F 1182, ANAMANGAD P.O.,MALAPPURAM) BY ADV. SRI.SAJU.S.A RESPONDENT(S): --------------- 1. SECRETARY TO GOVERNMENT, DEPARTMENT OF CO-OPERATION, THIRUVANANTHAPURAM. 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, TRIVANDRUM. 3. THE ASSISTANT REGISTRAR (GENERAL) PERINTHALMANNA, MALAPPURAM DISTRICT. 4. THE ANAMANGAD SERVICE CO-OPERATIVE BANK LTD. NO.F-1182, P.O.ANAMANGAD, MALAPPURAM DISTRICT, THROUGH ITS SECRETARY. R1 TO R3 BY GOVT. PELADER SRI.K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.31715 OF 2008 ------------------------------------------- Dated this the 29th day of October, 2008 JUDGMENT Heard learned counsel for the petitioner and learned Government Pleader for respondents 1 to 3. Having regard to the nature of the order being issued hereunder, notice to the 4th respondent is dispensed with, preserving its right to move for review of this judgment, if aggrieved. 2. Ext.P2 is issued by the Registrar of Births and Deaths, Aliparamba Grama Panchayat, evidencing that Kulambatta Govindan Nair and Nanikutty Amma had eight children and K.Ramakrishnan, the second in that certificate, was born on 17.2.1953. The petitioner says that he is the said Ramakrishnan in relation to whom, Ext.P1 birth certificate is issued showing his date of birth as 17.2.1953. With the aforesaid record before the Registrar of Births and Deaths, the petitioner Ramakrishnan could not have been born on 15.1.1951 because his sister Padmavathy was born on 26.3.1951. It is wholly unacceptable in WPC.31715/08 Page numbers science that the petitioner would have been born about three months before the birth of his sister Padmavathy. Yet, in Ext.P3 SSLC certificate, the date of birth of the petitioner is recorded as 15.1.1951. With Exts.P1 and P2, the contents of Ext.P3 regarding the date of birth of the petitioner as 15.1.1951 is clearly a mistake. 3. The rules in Kerala Educational Rules relating to correction of the SSLC book provide certain limitations for application of that rule. The mere fact that the statutory rules do not permit correction of date of birth in the school records would not result in change of the date of birth of a person. The petitioner is presently employed in the service of the 4th respondent and if his date of birth as evidenced by Exts.P1 and P2 are taken into consideration, he will have more than two years more of service than what would be available going by Ext.P3. Kerala State & Subordinate Services Rules does not apply mutatis mutandis to service in co-operative societies. Rule 197 of the Kerala Co- operative societies Rules, 1969 provides that the date of birth in WPC.31715/08 Page numbers the service book shall be in terms of that which is contained in the SSLC book. In the absence of the applicability of KS & SSR to govern the issue and because the rectification of the SSLC book may not now be possible by recourse to the Kerala Education Act and KER, it would be within the domain of the State Government to consider whether the petitioner's case could be considered for granting exemption from the prescription of Rule 197 or by any other mode declare that the petitioner is entitled to continue in service till he superannuates going by the date of birth recorded in Ext.P1, subject of course to the liability for being removed earlier on grounds of indiscipline etc., if such situation arises. With this in view, the impugned Ext.P9, though correct on the face of it, does not answer the request of the petitioner in Ext.P8. Hence, without interfering with Ext.P9, it is ordered that Ext.P8 will be take up by the Government and the petitioner will be given an opportunity of pre-decisional hearing and order will be issued taking into consideration all relevant aspects, including the stand of the 4th respondent employer as to whether it is satisfied WPC.31715/08 Page numbers regarding the petitioner's claim to continue in service on the basis of Ext.P1, rather than Ext.P3. While considering the petitioner's case as a special one, it shall not be treated as a precedent merely on the strength of this judgment. Let decision as aforesaid follow within one month from the date of receipt of a copy of this judgment and a copy of this writ petition since the impact of the decision of the Government in that regard may become operational in January, 2009. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.