IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 29TH AUGUST 2008 / 7TH BHADRA 1930 OP.No. 177 of 2002(U) ---------------------------------- PETITIONER: --------------------- N.INDRASENAN, OMANA SADANAM, VETTIYAR P.O., MAVELIKKARA. BY ADV. SRI.R.KRISHNA RAJ RESPONDENTS: ------------------------- 1. THE MANAGER, WOOD WORK SHOP, INDUSTRIAL ESTATE, KOLLAKADAVU. 2. REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES' PROVIDENT FUND ORGANISATION, KOCHI. BY SRI.M.A.MANHU, SC, SIDCO - R1 BY SRI.N.N. SUGUNAPALAN, SC, P.F. - R2 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 29/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ORDER ON C.M.P.NO.207/2002 IN O.P.NO.177/2002 U DISMISSED 29/08/2008 SD/- KURIAN JOSEPH, JUDGE APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE LETTER OF THE 2ND RESPONDENT DTD. 23/03/2000. EXT.P2: COPY OF THE ADMISSION REGISTER DTD. 07/04/2000. EXT.P3: COPY OF THE LETTER OF THE 2ND RESPONDENT DTD. 24/07/2000. /TRUE COPY/ P.A.TO JUDGE Kss KURIAN JOSEPH, J. ---------------------------------------------- O.P.No.177 of 2002 ---------------------------------------------- Dated 29th August, 2008. J U D G M E N T The writ petition is filed mainly with the following prayer :- “To direct the second respondent to grant pension to the petitioner reckoning his date of birth as 23.12.1941 as evidenced by Ext.P2 with interest at the rate of 18% per annum with effect from 31.12.1999 by the issue of a writ of mandamus or such other writ or order or direction.” Adv.Sri.N.N.Sugunapalan, learned senior counsel appearing for second respondent submits that the date of birth as originally provided in Form No.9 is 1.10.1946. But there is no dispute for the employer that the date of birth of the petitioner is 23.12.1941. The abstract of the admission register in the school is Ext.P2. In view of the undisputed stand of the employer of the petitioner regarding his date of birth, and the employer having treated the petitioner with his date of birth as 23.12.1941 for the purpose of service benefits, there is no justification in treating the petitioner with a different date of birth by the second respondent. After all, the petitioner is only a second grade worker. Therefore, it is only appropriate that the second respondent permits the OP NO.177/02 2 petitioner to have the benefits calculated in terms of his original date of birth as 23.12.1941. Ordered accordingly. There will be a direction to the second respondent to take appropriate action in the light of the above declaration within a period of three months from the date of production of a copy of the judgment. The writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- O.P. No. 177 of 2002 ---------------------------------------------- J U D G M E N T Dated 29th August, 2008.