IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 24TH SEPTEMBER 2010 / 2ND ASWINA 1932 WA.No. 1574 of 2009 --------------------- AGAINST THE JUDGEMENT IN WPC.25624/2007 Dated 02/12/2008 .................... APPELLANTS/RESPONDENTS 1& 2 IN WPC: ------------------------------------------------ 1. STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, LABOUR & REHABILITATION DEPARTMENT, THIRUVANANTHAPURAM. 2. DIRECTOR OF TRAINING, DIRECTORATE OF TRAINING, THIRUVANANTHAPURAM. BY SENIOR GOVERNMENT PLEADER, SRI.BENNY GERVASIS RESPONDENTS/PETITIONER & 3RD RESPONDENT: ------------------------------------------------------- 1. O.M.VISWAMBARAN, SUPERINTENDENT, TRAINING DIRECTORATE, THYCAUD, THIRUVANANTHAPURAM. 2. BLOCK COMMITTEE, D.Y.F.I, ETTUMANOOR, REPRESENTED BY ITS SECRETARY. R1 BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA R2 BY ADV. SRI.SURIN GEORGE IPE THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 24/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, C.J. & P.R. Ramachandra Menon, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 1574 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of September, 2010 JUDGMENT J.Chelameswar, C.J. The matter is listed before us today for consideration of the interim order granted earlier in this appeal be extended further. The dispute in the appeal is whether the decision of the Government to cancel the correction made in the service record of the 1st respondent regarding his date of birth is correct or not. 2. The 1st respondent was in employment of the State of Kerala from the year 1984 to 2008. He is entitled to have the entire period of service reckoned for the purpose of computing the retirement benefits. If the decision of the State impugned in the writ petition is found to be correct, the respondent would lose two years of his service. However, his entire period will have to be reckoned. In view of the fact that the 1st respondent has WA No. 1574 of 2009 -:2:- already retired from the service and in view of the fact that the disputed period of two years in the service was actually spent by him in the service of the State, we do not see any reason to extend the stay granted earlier. Therefore, the Writ Appeal is dismissed. J.Chelameswar, Chief Justice. P.R. Ramachandra Menon, Judge. ttb