IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 31ST JULY 2009 / 9TH SRAVANA 1931 WP(C).No. 16761 of 2009(M) ------------------------------------------- PETITIONER(S): ------------------------ P.C.CHINNAMMA @ ROSA, D/O.SOURI, AGED 58 YEARS, PART TIME SWEEPER (KEPT OUT OF SERVICE NOW) OFFICE OF THE COMMERCIAL TAXES OFFICER, PEERUMEDU, RESIDING AT PALLITHAZHE HOUSE, PEERUMEDU P.O. BY ADVS. MR.N.M.VARGHESE, MR.ROY THOMAS. RESPONDENT(S): ----------------------------- 1. STATE OF KERALA TO BE REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMERCIAL TAXES OFFICER, PEERUMEDU. 3. THE COMMISSIONER, OFFICE OF THE COMMISSIONER COMMERCIAL TAXES, THIRUVANANTHAPURAM. 4. THE DEPUTY COMMISSIONER, COMMERCIAL TAXES, IDUKKI. R1 TO R4 BY SR. GOVERNMENT PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/07/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.RAVINDRAN, J. ------------------------------------- W.P.(C)No.16761 of 2009 -------------------------------------- Dated 31st July, 2009 JUDGMENT Heard Sri.N.M.Varghese, the learned counsel appearing for the petitioner and Smt.Anu Sivaraman, the learned Senior Government Pleader appearing for the respondents. 2. The petitioner, a Part-time Sweeper working in the office of the second respondent since the year 1981 moved the Commercial Taxes Officer, Peerumedu for correction of the date of birth in her service records. The petitioner's date of birth as per the service records is 12.3.1939. According to the petitioner, she was born on 27.8.1950 and her birth was also registered with the Registrar of Births and Deaths of Palai Municipality. It was relying on the entry in the register of births, a copy of which is Ext.P1 that the petitioner moved the Commercial Taxes Officer for correction of the date of birth in the service records. Since the petitioner had not undergone studies in a school, it was not necessary for her to get the school records corrected. After moving the Commercial Taxes Officer for correction of the date of birth in the service records, she moved this Court by filing W.P.(C)No.8750 of 2009. In that writ petition, State of Kerala was not made a party. When that writ petition came up for admission WP(C).No.16761/2009 2 on 20.3.2009, the learned counsel for the petitioner submitted that the writ petition may be disposed of with a direction to the first respondent to consider the request made by the petitioner for correction of date of birth and to pass orders thereon. In the light of the said submission, this Court disposed of W.P.(C)No.8750 of 2009 with a direction to the Commercial Taxes Officer to consider the petitioner's request for the correction of her date of birth, take a decision thereon and communicate it to the petitioner before 31.3.2009, the date on which the petitioner would retire from service. By Ext.P3 letter dated 21.3.2009, the Commercial Taxes Officer forwarded the petitioner's application to the Commissioner of Commercial Taxes. The Joint Commissioner in the Commissionerate rejected the application and informed the petitioner accordingly in Ext.P3 letter dated 21.3.2009. Ext.P3 is under challenge in this writ petition wherein the petitioner seeks a direction to the second respondent to permit her to continue in service till she attains the age of superannuation taking 27.8.1950 as her date of birth. 3. The guidelines governing correction of date of birth in the service records are those contained in G.O(P)No.45/1991/GAD dated 30.12.1991. As per the said order, the Government alone is the authority competent to permit correction of date of birth in the service records. Therefore, even if the Commissioner of Commercial Taxes or the Commercial Tax Officer permits such correction, the petitioner WP(C).No.16761/2009 3 could not have continued in service. Till date the petitioner had not moved the Government seeking correction of the date of birth. Based on the date of birth as entered in the service records, the petitioner retired from service on 31.3.2009. I accordingly dispose of this writ petition with the direction that in the event of the petitioner filing an appropriate representation before the Secretary to Government, Taxes Department within two weeks from today, the Government shall consider the same and take a decision thereon after affording her a reasonable opportunity of being heard. The Government shall while considering the said representation have due regard to the fact that the petitioner is an illiterate person and had not undergone studies in a school. The Government shall also take note of the fact that the petitioner was holding only the post of a Part-time Sweeper and shall also consider whether the power under Rule 39 of Part II of the Kerala State & Subordinate Services Rules should be exercised while passing orders on the petitioner's representation . Final orders in the matter shall be passed within three months from the date on which the petitioner moves the Government as directed above. P.N.RAVINDRAN Judge TKS