IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 5TH SEPTEMBER 2008 / 14TH BHADRA 1930 WP(C).No. 20436 of 2006(G) -------------------------- PETITIONER: ------------ SAKUNTHALA, AGED 60 YEARS, W/O.APPUKUTTAN, EZHUTHUPURAKKAL HOUSE, KURIKKANPARA, KUNNAMKULAM, THRISSUR. BY ADV. SRI.RAJIT SRI.RANJIT BABU RESPONDENTS: ------------- 1. THE REGIONAL PROVIDENT FUND COMMISSIONER EMPLOYEES PROVIDENT FUND ORGANISATION REGIONAL OFFICE, BHAVISHYANIDHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. THE ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION, SUB REGIONAL OFFICE, KALOOR, COCHIN-17. 3. V. NARAYANAN, BEEDI MANUFACTURER, ALUMPADY P.O., THRISSUR. BY ADV. SRI.N.N. SUGUNAPALAN, SC, P.F. FOR R.1,2 SMT.T.N.GIRIJA, SC,EPF ORGANISATION FOR R.1,2 SRI.P.RAMAKRISHNAN FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.20436/2006 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF THE APPLICATION FILED BY PETITIONER FOR MONTHLY PENSION IN FORM NO.10-D DATED 20/12/2004. P2 : COPY OF BIRTH CERTIFICATE ISSUED BY THE REGISTRAR OF BIRTHS AND DEATHS TO PETITIONER. P3 : COPY OF LETTER ISSUED BY R1 TO R2 DATED 31/10/2005. P4 : COPY OF LETTER DATED 31/03/2006 ISSUED BY R2 TO R3. P5 : COPY OF LAWYER NOTICE DATED 25/04/2006 SENT TO R2 BY PETITIONER. P6 : COPY OF REPRESENTATION DATED 17/05/2006 ISSUED BY R2 TO PETITIONER. RESPONDENT'S EXHIBITS R3(a) : COPY OF NOMINATION FORM DATED 01/10/1998 SUBMITTED BY PETITIONER. //TRUE COPY// PA TO JUDGE. jg C.N.RAMACHANDRAN NAIR, J. ------------------------- W.P.(C) No. 20436 of 2006 --------------------------------- Dated, this the 5th day of September, 2008 J U D G M E N T The writ petition is filed for a direction to respondents 1 & 2 to give pension to the petitioner on acquiring the age of 55 years, which according to the petitioner happened on 03/03/2001. Petitioner admittedly, joined as a worker in a beedi factory owned by 3rd respondent on 01/07/1977. According to the date of birth declared in the statutory form by 3rd respondent, she was born on 01/06/1956. Based on this, petitioner is entitled to pension only with effect from 01/06/2011. However, according to 3rd respondent, there was a mistake in the date of birth of the petitioner declared and therefore, revised statement was given declaring the date of birth as 02/03/1947. Third respondent accepted the said date of birth and allowed the petitioner to retire from employment on 31/03/2004. 2. Learned counsel for the petitioner has relied on several documents including birth certificate issued to petitioner, date of birth of the first child of petitioner, which is 14/10/1965, as evidence regarding her date of birth, which is claimed by her to be 03/03/1946. Petitioner is an uneducated lady and in the 1940s WP(C) No.20436/2006 -2- there was no system of compulsory registration of births and deaths. Therefore, there will not be any evidence about the date of birth of the petitioner. However, the date of birth of the son born after marriage is an approximate indication of the age of the person. Going by the claim, that the first son of the petitioner was born on 14/10/1965, it is obvious that her date of birth entered in the register maintained by respondents 1 & 2 is incorrect because nobody can conceive at the age of 8 years. The certificate issued by the Panchayat and the age shown in the ration card are consistent with petitioner's claim that she was born in 1946 or 1947. It is the common practice that women, particularly uneducated ladies, get married at fairly young age of 17 to 19 years. In the circumstances, and since the age that recorded is obviously wrong, I direct respondents 1 & 2 to treat the date of birth of the petitioner as 02/03/1947, which is the date declared in the revised statutory declaration furnished by 3rd respondent in 1990 and give her arrears of pension and regular pension without any delay. The writ petition is allowed as above. (C.N.RAMACHANDRAN NAIR, JUDGE) jg