IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 14TH JULY 2011 / 23RD ASHADHA 1933 WP(C).No. 3131 of 2007(W) ------------------------ PETITIONER(S): --------------------- SARASU, W/O.SOMAN, ASSARISSERY COLONY, CHEMMANATHU, VAIKOM, (CLERK, M.G.UNIVERSITY, PRIYADARSHINI HILLS, ATHIRAMPUZHA, KOTTAYAM). BY ADV. SRI.M.J.THOMAS RESPONDENT(S): ---------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. THE REGISTRAR, MAHATMA GANDHI UNIVERSITY PRIYADARSHINI HILLS, ATHIRAMPUZHA, KOTTAYAM. BY ADV. SRI. T.A. SHAJI, SC, M.G.UNIVERSITY FOR R2 GOVT. PLEADER SRI. ANTONY MUKKATH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No.3131 OF 2007 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE REPREENTATION DATED 26.11.1992 SUBMITTED BY THE PETITIONER. EXT.P2 : COPY OF THE CERTIFICATE ISSUED BY THE EXECUTIVE OFFICER, AROOKUTTY PANCHAYAT DATED 15.10.2001. EXT.P3 : COPY OF THE LETTER DATED 3.1.2003 OF THE RDO, ALAPPUZHA. EXT.P4 : COPY OF THE JUDGMENT IN WP(C) No. 40213/2003 DATED 19.12.2003. EXT.P5 : COPY OF THE NON-AVAILABILITY CERTIFICATE DATED 17.7.2004 ISSUED BY SECRETARY, AROOKUTTY PANCHAYAT. EXT.P6 : COPY OF THE CERTIFICATE DATED 24.12.2004 ISSUED BY THE SECRETARY, AROOKUTTY PANCHAYAT. EXT.P7 : COPY OF THE JUDGMENT DATD 10.10.2006 IN WP(C) No.23795/2006. EXT.P8 : COPY OF THE RESULT OF THE OSSIFICATION TEST DATED 9.112006. EXT.P9 : COPY OF THE ORDER DATED 31.8.2006 ISSUED BY THE DEPUTY REGISTRAR OF THE 2ND RESPONDENT. EXT.P10 : COPY OF THE REPRESENTATION DATED 28.12.2006 SUBMITTED BEFORE THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE Kp S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.3131 of 2007 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of July, 2011 J U D G M E N T The petitioner is a Clerical Assistant in the 2nd respondent University. As per the service records, the date of birth of the petitioner is 20.04.1952. According to the petitioner, her actual date of birth is 21.10.1966. She would contend that in the records, her younger sister's date of birth has been recorded as her date of birth and as a result there arose 14 years' difference between the actual date of birth and date of birth entered in the service records. The petitioner applied for correction of the said mistake in the service records. That was not favourably considered. The petitioner approached this Hon'ble Court by filing W.P. (C) No.40213/2003, in which by Ext.P4 the petitioner was permitted to take steps to get her date of birth entered in the Register of Births and Deaths. But unfortunately for the petitioner, in the Register of Births W.P.(C)No.3131 of 2007 -2- there was already an entry in respect of her date of birth. Therefore the Revenue Divisional Officer refused to consider the claim of the petitioner. The petitioner again approached this Court by filing W.P. (C) No.23795/2006 in which apparently because of the large difference between the two dates this Court directed determination of the age of the petitioner by medical examination conducting an ossification test. Pursuant thereto, the Medical College, Kottayam issued Ext.P8 certificate in which the doctors were of opinion that the petitioner's age is between 40 and 50 as on 09.11.2006. But no favourable orders regarding correction of the date of birth of the petitioner was granted by the University. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs: “i) issue a writ of mandamus or other appropriate writ, order or direction directing the 2nd respondent not to relieve the petitioner on 31/3/2007 on superannuation and to retain her in service till he reaches superannuation on the basis of her correct date of birth i.e.20/10/1966. ii) Declare that the petitioner is entitled to be retained in service till 20.10.2002, taking 20.10.1966 as her correct W.P.(C)No.3131 of 2007 -3- date of birth; iii) issue a writ of mandamus or any other writ, directing the 2nd respondent to take a decision on Ext.P10 immediately” 2. Obviously 20.04.1952 is not the date of birth of the petitioner. But there is no reliable evidence as to the exact age or date of birth of the petitioner anywhere. Ordinarily I wouldn't have entertained an application for correction of date of birth at the fag end of the petitioner's service. But in this case because of the large difference of 14 years between the date of birth entered in the service records and the date of birth claimed by the petitioner, I am of opinion that this is not a mere correction of date of birth in the usual sense. By Ext.P6, the Registrar of Births and Deaths has certified that the date of birth of the 5th child of the petitioner's parents were recorded in the Register of Births and that the said date of birth is 20.04.1952. It is contended by the petitioner that the petitioner is the 7th child of her parents. By Ext.P8 order the doctors have also certified that the petitioner is above 40 but below 50 W.P.(C)No.3131 of 2007 -4- years. These documents would definitely show that the date of birth of the petitioner is not 20.04.1952 in any way. In the above circumstances, taking into account the facts and circumstances of the case, I am inclined to direct the respondents to correct the date of birth of the petitioner in the service records as 45 years as on 09.11.2006. There would be a direction to that effect. The petitioner already been retired from service, but subject to the result of the writ petition. The 2nd respondent is directed to reinstate the petitioner in service and allow her to continue till her age of superannuation in accordance with the corrected date of birth as directed above. However, the petitioner will not be entitled to any monetary benefits till today for period when the the petitioner was kept out of service. However she will be entitled to have the period reckoned for all other service benefits. Orders in this regard shall be issued as expeditiously as possible, at any rate within a period of two months from the date of receipt of a copy of this judgment. I make it clear that I am issuing the above directions in the W.P.(C)No.3131 of 2007 -5- very peculiar facts and circumstances of the case and this shall not be treated as a precedent for other cases. The writ petition is disposed of as above. Sd/ S. SIRI JAGAN JUDGE The date “20.10.2002” occurring in the last line of the second page of the judgment dated 14/07/2011 in WP (C) 3131/2007 is corrected and substituted as “20/10/2022”, vide order dated 12/08/2011 in I.A 13165/2011. sd/- Registrar (Judicial) shg/