IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 8TH OCTOBER 2010 / 16TH ASWINA 1932 WP(C).No. 30945 of 2010(P) PETITIONER: --------------- DR.N.C.RAJAN, S/O.CHENNANKUTTY AGED 49 YEARS,JUNIOR SUPERINTENDENT SUB TEASURY,CHALAKUDY, RESIDING AT NOCHIYIL HOUSE,MANNAMPETTA VARAKKARA P.O.,THRISSUR DISTRICT,PIN-680325 BY ADV. SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE SRI.S.SUJIN SMT.NITA.N.S. RESPONDENTS: --------------- 1. THE JOINT COMMISSIONER OF GOVERNMENT EXAMINATIONS, THIRUVANANTHAPURAM-695 012. 2. THE COMMISSIONER FOR GOVERNMENT EXAMINATIONS, THIRUVANANTHAPURAM-695 012. 3. STATE OF KERALA,REP.BY CHIEF SECRETARY SECRETARIAT,THIRUVANANTHAPURAM-695 001. GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C). NO. 30945 OF 2010 P ------------------------------------------------------ Dated this the 8th day of October, 2010 JUDGMENT The petitioner is working as Sub Treasury Officer, Grade II. As per the SSLC Book, his date of birth is 22.1.1958. According to the petitioner, his correct date of birth is 22.12.1960. The petitioner filed Ext.P4 application to the Commissioner for Government Examinations to correct his date of birth in the SSLC Book. The delay in filing Ext.P4 application was condoned. Since the application was not disposed of, the petitioner filed W.P.(C) NO.36103 of 2003, which was disposed of as per Ext.P6 judgment dated 1.2.2008, directing the Commissioner for Government Examinations to pass orders on the application within three months. Pursuant to Ext.P6 judgment, the Commissioner passed Ext.P7 order dated 14.5.2008 rejecting the application. It is stated that even before the disposal of W.P.(C) No.36103 of 2003, the application was rejected as per Ext.P8 order dated 9.11.2005. The petitioner challenged the order passed by the Commissioner in Ext.P9 appeal before the Government. The petitioner also filed Ext.P10 application W.P.(C) NO.30945 OF 2010 :: 2 :: dated 19.8.2010 for condoning the delay of 1640 days in filing the appeal. Exts.P9 and P10 are pending disposal. 2. The reliefs prayed for in the Writ Petition are the following: “(i) To issue a Writ of Certiorari or any other appropriate Writ, order or direction, to call for the records leading to Exts.P7 and P8 orders to the extent objected to in this Writ Petition; (ii) To issue a Writ of Mandamus or any other appropriate Writ, order or direction, directing the 3rd respondent to consider and pass orders on Exts.P9 and P10 within a time frame to be fixed by this Hon'ble Court; (iii) To grant the cost of these proceedings to the petitioner; and (iv) To grant such other and further reliefs as this Hon'ble Court deems fit and proper in the facts and circumstances of the case.” 3. The learned counsel for the petitioner submitted that, for the time being, the petitioner would be satisfied if a direction is W.P.(C) NO.30945 OF 2010 :: 3 :: issued to the third respondent to dispose of Exts.P9 and P10 expeditiously. In the facts and circumstances, the Writ Petition is disposed of as follows: a) The third respondent shall consider Ext.P10 application for condonation of delay in filing Ext.P9 appeal and dispose of the same, as expeditiously as possible and, at any rate, within a period of two months from the date of receipt of a copy of the judgment, after affording an opportunity of being heard to the petitioner. b) The petitioner shall produce a copy of the Writ Petition and a certified copy of the judgment before the third respondent. (K.T.SANKARAN) Judge ahz/