This writ appeal challenged the Government's rejection of a request to correct the petitioner's date of birth in his service record. The Court upheld the Single Judge's view that the Government was not arbitrary or irrational in refusing discretion to relax the relevant rules given the expired time limit for correction.
None; the Writ Appeal was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR &
THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR
TUESDAY, THE 14TH JULY 2009 / 23RD ASHADHA 1931
WA.No. 1467 of 2009()
--------------------AGAINST THE JUDGEMENT/ORDER IN WPC.36561/2008 DT.28.1.2009
APPELLANT/ PETITIONER
------------------------
K.RAMAKRISHNAN, S/O. GOVINDAN NAIR, KOOLAMPATTAVEEDU, P.O.MANALAYA, ANAMANGAD, MALAPPURAM.
BY ADV. SRI.SAJU.S.A
RESPONDENTS/ RESPONDENTS
--------------------------
1. THE SECRETARY TO GOVERNMENT, DEPARTMENT OF CO-OPERATION, THIRUVANANTHAPURAM.
2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, TRIVANDRUM.
3. THE ASSISTANT REGISTRAR (GENERAL), PERINTHALMANNA, MALAPPURAM.
4. ANAMANGAD SERVICE CO-OPERATIVE BANK LTD.NO.F-1182, P.O.ANAMANGAD, MALAPPURAM DISTRICT, THROUGH ITS SECRETARY.
SPL.GOVT.PLEADER, SMT.A.G.ANEETHA SRI.DEVIDAS V.K. FOR R4.
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 14/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K. BALAKRISHNAN NAIR & C.T.RAVIKUMAR, JJ.
W.A. No. 1467 OF 2009
Dated this the 14th day of July, 2009
J U D G M E N T
~~~~~~~~~~~
Balakrishnan Nair, J.
The petitioner was an employee of the 4th respondent Co-operative Bank. His date of birth as per the S.S.L.C book was 15.1.1951. According to him, the correct date of birth was 17.2.1953. The petitioner did not move in time for correction of the date of birth in the S.S.L.C. book. But, at the fag end of his career, with the support of the resolution of the Managing Committee of his Society, he moved the Government for appropriate reliefs. Government could have granted him relief only by relaxing the Rule 197 invoking its power under Rule 181 of the Co-operative Societies Rules. This Court directed the Government to consider his claim. The Government considered his claim and rejected it by Ext.P11. While passing Ext.P11, the Government relied on the legal position regarding correction of date of birth in relation Government servants. The Government thought that it is not proper to exercise its discretion in this
W.A.No.1467/2009
2
case in favour of the petitioner. Feeling aggrieved by Ext.P11, the Writ Petition was filed. The learned Single Judge, dismissed the Writ Petition, taking the view that the decision of the Government cannot be treated as arbitrary or irrational warranting interference under Article 226 of the Constitution of India. Aggrieved petitioner has preferred this appeal.
W.A.No.1467/2009
3
never entertained in the case of Government servants. Therefore, it was found that this is not a fit case for the Government to exercise its discretion. We fully agree with the view taken by the learned Single Judge that the view taken by the Government cannot be described as arbitrary or irrational warranting interference by this Court.
In the result, the Writ Appeal fails and it is dismissed.
(K.BALAKRISHNAN NAIR, JUDGE)
(C.T.RAVIKUMAR, JUDGE)
ps
2 issues framed by the court
Whether the Government's refusal to exercise discretion under Rule 181 to relax Rule 197 and correct the petitioner's date of birth in his service record is arbitrary or irrational.
Whether this Court can interfere under Article 226 of the Constitution of India with the Government's decision to reject the claim for correction of date of birth.
3 provisions across 2 enactments
K. RAMAKRISHNAN
THE SECRETARY TO GOVERNMENT, DEPARTMENT OF CO-OPERATION, THIRUVANANTHAPURAM
THE REGISTRAR OF CO-OPERATIVE SOCIETIES, TRIVANDRUM
THE ASSISTANT REGISTRAR (GENERAL), PERINTHALMANNA, MALAPPURAM
ANAMANGAD SERVICE CO-OPERATIVE BANK LTD.
K. BALAKRISHNAN NAIR
C.T. RAVIKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
