IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 21ST JULY 2010 / 30TH ASHADHA 1932 WP(C).No. 11403 of 2010(A) -------------------------- PETITIONER(S): --------------- SOLOMON FERNANDEZ, CHIEF ENGINEER, J.I.C.A(JAPANESE INTERNATIONAL CORPORATION AGENCY) PROJECT, KERALA WATER AUTHORITY, JALABHAVAN, THIRUVANANTHAPURAM. BY ADV. SRI.KRB.KAIMAL, SENIOR ADVOCATE SRI.B.UNNIKRISHNA KAIMAL SRI.V.MADHUSUDHANAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, WATER RESOURCES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE KERALA WATER AUTHORITY, REPRESENTED BY ITS MANAGING DIRECTOR, JALABHAVAN, THIRUVANANTHAPURAM. ADV. SRI.J.KRISHNA KUMAR, SC, KWA FOR R2 SRI.C.UNNIKRISHNAN, SC, KWA FOR R1 & 2 MR.ARAVIND KUMAR BABU, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.11403/2010 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF LETTER NO.E.343/78 DATED 31/03/1981 OF THE EXE. ENGINEER, PHED, PALAKKAD TO THE CHIEF ENGINEER, PHED, THIRIVANANTHAPRUAM. P2 ; COPY OF PAGE 3 OF THE SSLC BOOK OF THE PETITIONER. P3 : COPY OF RELEVANT PAGE OF THE SERVICE BOOK OF THE PETITIONER. P4 : COPY OF SENIORITY LIST OF CHIEF ENGINEERS AS ON 01/11/2009 ISSUED BY THE CHIEF ENGINEER, HRD & GL. P5 : COPY OF G.O.(P) NO.45/91/P& ARD DATED 30/12/1991. RESPONDENT'S EXHIBITS R1 : COPY OF REPLY RECEIVED FROM THE KPSC LETTER NO.KWA/JB/E9/3023/2010 DATED 29/04/2010. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.11403 of 2010 (A) --------------------------------- Dated, this the 21st day of July, 2010 J U D G M E N T The petitioner is a working as Chief Engineer under the 2nd respondent. His date of birth as per the service records and the SSLC book is 17/05/1955. So reckoned, in view of the unification of the retirement age, the petitioner is to retire from service on 31/03/2011. Despite the above, according to the petitioner, in the seniority lists published in 1995 & 2009, his date of birth was wrongly shown as 17/03/1955. Because of this, the petitioner apprehends that he will be made to retire from service on 31/03/2010. It is in this background, the writ petition has been filed. 2. In the counter affidavit filed by the 2nd respondent, it is stated that going by the date of birth entered in the service book, the petitioner is due to retire from service on 31/03/2011. In that view of the matter, the apprehension which led the petitioner to file this writ petition does not survive. Therefore, recording the above statement in the counter affidavit, the writ petition is disposed of. (ANTONY DOMINIC, JUDGE) jg