IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER FRIDAY, THE 19TH DECEMBER 2008 / 28TH AGRAHAYANA 1930 WP(C).No. 37573 of 2008(W) ------------------------------------- PETITIONER: --------------- S.PUSHPANGADHAN, PRAVEEN DIVYA BHAVAN, MUKKOLA, NETTAYAM P.O. KACHANI THIRUVANANTHAPURAM. WORKING AS SENIOR GRADE DRIVER AT THE HEAD QUARTERS OF THE KERALA WATER AUTHORITY (RETD.) BY ADV. SRI.P.B.SAHASRANAMAN SRI.K.JAGADEESH SRI.T.S.HARIKUMAR RESPONDENTS: ---------------------- 1. KERALA WATER AUTHORITY REPERESENTED BY ITS MANAGING DIRECTOR, JALABHAVAN, THIRUVANANTHAPURAM. 2. THE ASSISTANT EXECUTIVE ENGINEER, WATER WORKS CENTRAL SUB DIVISION, THIRUVANANTHAPURAM. BY ADV.SRI.C.UNNIKRISHNAN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: A. K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P (C)No. 37573 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of December, 2008. Judgment Petitioner, while he was working as Senior Grade Driver at the Head Quarters of the Kerala Water Authority was terminated from service with effect from the afternoon of May 31, 2005, since according to his employer going by his correct date of birth he had to retire on that date on attaining the age of superannuation. 2. The authority found that petitioner had altered his date of birth in the service records and entered a wrong date subsequently. The original entry of 3/5/1950 was altered as 3/5/1956, according to the employer. 3. But according to the petitioner his driving licence contained his correct date of birth viz., May 3, 1953. But though the petitioner was directed to produce documents to prove his correct date of birth, he had admittedly failed to do so. It was in the above circumstances that the petitioner's employer had terminated his service on May 31, 2005, going by the original entry in the service records. . 4. This writ petition has been filed after a lapse of more than 3 years impugning Ext.P6 order of termination dated October 14, 2005. According to the petitioner he had submitted Ext.P7 representation way back in December 2005 and thereafter according to him, he had submitted Ext.P8 in early 2007. Though learned counsel for the petitioner prays for a direction to respondent No.1 to consider and pass orders on Exts.P7 and P8 representations, which are stated to have been submitted by the petitioner , I am not inclined to allow that prayer. 5. Therefore the writ petition is dismissed. The respondents shall however ensure that the retiral benefits payable to the petitioner are disbursed to him without any delay. A.K. BASHEER Judge an.