IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 1ST SEPTEMBER 2008 / 10TH BHADRA 1930 WP(C).No. 2458 of 2008(P) ------------------------- PETITIONER: ------------ G.UNNI, VALAYIL VELL, NORTH ARYAD P.O. ALAPPUZHA. BY ADV. SRI.A.JAYASANKAR RESPONDENTS: ------------- 1. REGIONAL PROVIDENT FUND COMMISSIONER, KALOOR, KOCHI-17. 2. KERALA SPINNERS LIMITED, N.ARYAD P.O., ALAPPUZHA - 688 542, REPRESENTED BY ITS MANAGER (P & IR). BY ADV. SRI.N.N.SUGUNAPALAN (SR.) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C).No. 2458/08. APPENDIX PETITIONER'S EXHIBITS: P1. COPY OF THE application DTD.31.5.06 BEFORE R1. P2. COPY OF THE INTIMATION DTD.11.1.08. Sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No.2458 of 2008 ================== Dated this the 1st day of September, 2008 J U D G M E N T The petitioner is an employee of the 2nd respondent, who superannuated from the establishment. According to him, his date of birth is 5.5.1948. He submitted his application for pension under the Employees' Pension Scheme, which was rejected by the 1st respondent by Ext.P2 stating that as per their records the date of birth of the petitioner is 1.12.1951 and therefore, he would be eligible for pension only after 1.2.2009. The petitioner submits that the petitioner has produced sufficient records to prove that his real date of birth is 5.5.1948 and not 1.12.1951 as claimed by the respondents. The petitioner, therefore, submits that the petitioner's case may be considered in the light of the documents so produced by the petitioner. 2. I have heard the learned Standing Counsel appearing for the Provident Fund Organization also. 3. Even if there is a discrepancy in the date of birth recorded in the records of the 1st respondent, I do not think that w.p.c.2458/08 2 that would prevent the 1st respondent from considering correction of the same if the petitioner provides sufficient proof regarding his real date of birth. In the above circumstances, this writ petition is disposed of with the following directions: The petitioner shall place before the 1st respondent appropriate documents to prove that his date of birth is 5.5.1948 on receipt of which, the 1st respondent shall consider the claim of the petitioner and pass appropriate orders thereon, as expeditiously as possible, at any rate, within one month from the date of receipt of a certified copy of this judgment. The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge