IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 30TH MARCH 2010 / 9TH CHAITHRA 1932 WP(C).No. 11031 of 2010(D) -------------------------- PETITIONER(S): --------------- A.K.CHANDRIKA, ANANDA MANTHIRAM, NORRANADU P.O., PANDALAM, JOINT REGISTRAR/ CONCURENT AUDITOR, KASARGOD DIST.CO.OPERATIVE BANK LTD., KASARAGOD. BY ADV. SRI.A.N.RAJAN BABU SRI.P.GOPALAKRISHNAN (MVA) SRI.A.R.EASWAR LAL RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION B DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE COMMISSIONER FOR GOVERNMENT EXAMINATION, GOVERNMENT OF KERALA, TRIVANDRUM. 3. SECRETARY, DEPARTMENT OF CORPORATION, GOVERNMENT SECRETARIAT, TRIVANDRUM. 4. REGISTRAR OF CO.OPERATIVE SOCIETIES, TRIVANDRUM. GOVT.PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.11031 OF 2010 -------------------------------------------- Dated this the 30th day of March, 2010 JUDGMENT The petitioner is presently working as Concurrent Auditor of the District Co-Operative Bank, Kasaragode. She is due to retire from service on superannuation on 31.3.2010. This Writ Petition has been filed raising grievances against the inaction on the part of the respondents in not correcting her date of birth in the service book so as to enable her for further continuance in service. It is submitted that on account of the said inaction on the part of the respondents, the petitioner would be forced to retire from service on 31.3.2010. The contention of the petitioner is that by virtue of Ext.P8judgment dated 17.12.2009, she is entitled to the relief sought for in this Writ Petition. It is further submitted that the Government had preferred W.A.No.245/2010 against Ext.P8 judgment and the same was dismissed as per Ext.P9 judgment. In short, the contention of the petitioner is that in view of Exts.P8 and P9 judgments, the respondents are bound to effect correction of date of birth of the petitioner in the service book as 14.1.1957 on or before 31.3.010 and allow her to continue in service till she attains the age of retirement based on such W.P.(C) NO.11031/2010 2 corrected date of birth. 2. A perusal of Ext.P8 would reveal that with respect to the prayer of the petitioner for a direction to effect correction of date of birth in the service book, no relief was granted by this Court. In this context, paragraph 18 of Ext.P8 judgment assumes relevance. "Therefore, Ext.P30 is quashed. Learned counsel for the petitioner further submitted that once the date of birth in the S.S.L.C book is corrected, automatically the date of birth in the Service Book also has to be corrected and there is a prayer in that regard in the Writ Petition. What is considered in Ext.P30 is the request for correction of date of birth in the school records and evidently it does not deal with the correction of date of birth in the service records. It is up to the petitioner to move the respondents in the matter at the appropriate time, depending upon the order to be passed. 3. It is thus obvious that though such a prayer was made in the said Writ Petition and no relief was granted as per Ext.P8 judgment. Therefore, the fact that as per Ext.P9 judgment the appeal preferred by the state was dismissed would not enure any benefit to the petitioner as far as the said prayer is concerned. The subject of correction of date of birth is governed by certain government orders. They permit the concerned employees to approach the concerned authorities with prayers to correct the date of birth in the service book within a definite period since their entry in service. As per the same, they were to apply for correction of date of birth along with the corrected copy of the S.S.L.C book. In this case, W.P.(C) NO.11031/2010 3 admittedly, even according to the petitioner, her date of birth is not yet corrected in her S.S.L.C book. If that be the position, it cannot be said that the petitioner has validly made an application to the competent authority among the respondents for getting the correction of her date of birth in the service book. In fact, she could not have submitted a valid application for correction of her date of birth in her service book. The inescapable impact is that she would have to retire from service on superannuation on 31.3.2010. In view of the facts thus obtained, I am of the considered view that the petitioner is not entitled to the reliefs sought for in this Writ Petition. This Writ Petition filed before a couple of days of her date of retirement on superannuation is liable to fail. This Writ Petition is, accordingly, dismissed. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.11031/2010 4 C.T. RAVIKUMAR, J. W.P.(C). NO.11031/2010 JUDGMENT 30th March, 2010