Dismissed

J.Valsamma v. the Joint Commissioner for Govt.Examinat

Kerala HC26 Jul 2016WP(C)/11378/2010

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition challenging the petitioner's retirement. The petitioner sought correction of her date of birth in service records to extend her service beyond the superannuation age. The Court noted she had missed the statutory deadline for correction and denied relief as it is not permitted at the fag end of a career.

What the court decided

AI extract

J.Valsamma Vs the Joint Commissioner for… — Pension and Retirement Benefits | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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TUESDAY, THE 26TH DAY OF JULY 2016/4TH SRAVANA, 1938

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WP(C).No. 11378 of 2010 (V) ----------------------------

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PETITIONER(S):

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VALSAMMA.J., AGED 54 YEARS, W/O.JOHN PETER KALLADA, MANNOOR VADAKKATHIL, VADAKKUMTHALA P.O., KARUNAGAPPALLY, WORKING AS ASSISTANT ESXECUTIVE ENGINEER, KERALA WATER AUTHORITY, P.H.SUB DIVISION, KOTTARAKKARA.

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BY ADVS.SMT.C.G.BINDU SMT.C.G.AJITHA SMT.D.SARITHA SMT.M.K.RAJITHA

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RESPONDENT(S):

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1. THE JOINT COMMISSIONER FOR GOVERNMENT EXAMINATION, OFFICE OF THE COMMISSIONER OF EXAMINATION, PAREEKSHA BHAVAN, POOJAPPURA, THIRUVANANTHAPURAM.

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2. KERALA WATER AUTHORITY, REPRESENTED BY ITS MANAGING DIRECTOR, JALA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM.

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3. GOVERNMENT OF KERALA, REP.BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM.

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R1 & 3 BY SENIOR GOVERNMENT PLEADER SRI.RAMAPRASD UNNI R2 BY ADV. SRI.GEORGE MATHEW, SC

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26-07-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 11378 of 2010 (V)

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APPENDIX

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PETITIONERS' EXHIBITS

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P1: COPY OF THE CERTIFICATE DATED 3/3/10 ISSUED BY THE SUPERINTENDING ENGINEER PUBLIC HEALTH CIRCLE, KOLLAM.

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P2: COPY OF THE CERTIFICATE OF BAPTISM ISSUED BY THE DIOCESE OF QUILON

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P3: COPY OF THE BIRTH CERTIFICATE DATED 24/10/2007 SHOWING THE PETITONER'S DATE OF BIRTH AS 31/8/1955

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P4: COPY OF THE CIRCULAR DATED 3/12/1987 NO.11980/SC3/87/P&ARD ISSUED BY THE R3

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P5: COPY OF THE GO.(P)NO.45/91/P&ARD DATED 30/12/91

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P6: COPY OF THE REQUEST DATED 5/11/2007 BEFOR THE R2

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P7: COPY OF THE JUDGMENT DATED 9/6/2008 IN WPC.16948/2008

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P8: COPY OF THE PROCEEDINGS DATED 21/7/2008 OF THE R2

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P9: COPY OF THE ADMISSION REGISTER FROM ST.ALOYSIUS L.P.SCHOOL, VADAKKUMTHALA ALONG WITH AFFIDAVIT AND ANNEXURES

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P10: COPY OF THE MEMO DTED 25/5/09 ISSUED BY R1

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P11: COPY OF THE REPRESENTATION DATED 15/9/2009 SUBMITTED BEFORE THE R1

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P12: COPY OF THE REPRESENTATION DATED 30/7/2009 SUBMITTED BEFORE THE ADALATH HELD AT KOLLAM ON 30/7/2009 AT THE AUSPICIOUS OF THE HONOURABLE MINISTER OF EDUCATION

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P13: COPY OF THE MEMO DATED 23/10/2009 OF THE R1

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P14: COPY OF THE JUDGMENT DATED 9/12/2009 IN WPC.35140/2009

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P15: COPY OF THE REPRESENTATION DATED 18/2/2010 SUBMITTED BEFORE THE GENERAL EDUCATION DEPARTMENT OF THE R3

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P16: COPY OF THE NOTICE DATE 1/3/10 OF THE R3.

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RESPONDENTS' EXHIBITS

NIL.

/ TRUE COPY /

P.S. TO JUDGE

P.V.ASHA, J.

W.P(C) No.11378 of 2010-V

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Dated this the 26^th day of July, 2016

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JUDGMENT

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The petitioner, who was aged 54 years at the time of filing of this Writ Petition, as seen from the affidavit, seeks a direction to dispose of her representation Ext.P15 and to keep in abeyance her retirement from service on 31.3.2010. Directions are also sought to consider her request for correction of her date of birth on the basis of Exts.P2 and P3 as well as Exts.P4 and P5.

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Ext.P15 is the representation stated to have been submitted by the petitioner before the Secretary to Government, General Education Department for correction of her date of birth in the SSLC Book. Even though the writ petition was filed on 30.03.2010, the petitioner has not produced any subsequent orders in respect of the correction of her date of birth in the SSLC Book or Service Book, which enables her to continue in service beyond the date of her superannuation in accordance with the date of birth recorded in her Service Book. It is settled law that, correction of date of birth cannot be permitted at the

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W.P(C) No.11378 of 2010-V 2

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fag end of the service career. The employees, who were in service as on 30.12.1990, were given a period of one year for submitting an application for correction of date of birth in the Service Book. Apparently during the relevant time the petitioner has not taken any steps for correction of her date of birth either in the SSLC Book or in the Service Book. At any rate, the petitioner has already crossed the age of superannuation.

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In the above circumstances, the petitioner is not entitled to any relief. The Writ Petition is accordingly dismissed.

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Sd/-

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rtr/

J.Valsamma v. the Joint Commissioner for Govt.Examinat

Case brief

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J.Valsamma v. the Joint Commissioner for Govt.Examinat

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