Disposed

K.Lakshmi v. Kottacherry Beedi Workers Industrial

Kerala HC4 Apr 2016WP(C)/28729/2007

Case brief

AI extract

What is this about?

The Court held that rejecting a date of birth correction request solely due to the absence of a Registrar of Births and Death certificate is unsustainable, especially when the petitioner's birth is too old. The Court directed the APFC to consider the petitioner's documents (election card, ration card, admission register) expeditiously.

What did the court decide?

Directed 2nd respondent to consider the application for change of date of birth afresh on merits within 2 months based on supplied documents.

K.Lakshmi Vs Kottacherry Beedi Workers… — 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 MR. JUSTICE RAJA VIJAYARAGHAVAN V

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MONDAY, THE 4TH DAY OF APRIL 2016/15TH CHAITHRA, 1938

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WP(C).No. 28729 of 2007 (T)

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PETITIONER(S):

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K.LAKSHMI, W/O M.RAGHAVAN,

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PUTHIYAKANDOM LAKSHAM VEEDU,, AJANOOR P.O., ANANDASHRAMAM VIA.,, HOSDURG.

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BY ADV. SRI.SURESH KUMAR KODOTH

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RESPONDENT(S):

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KOTTACHERY BEEDI WORKERS INDUSTRIAL CO-OPERATIVE SOCIETY LTD.NO.S.IND.C42,, KANHANGAD,

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KASARGOD DISTRICT, REPRESENTED, BY ITS SECRETARY.

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ASSISTANT PROVIDENT FUND COMMISSIONER, EPF SUB REGIONAL OFFICE, KANNUR.

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BY SRI.R.SUDHIR, SC, P.F.

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BY GOVERNMENT PLEADER SRI.P.S.SAJEEV

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04-04-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 28729 of 2007

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APPENDIX

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EXHIBITS

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P1TRUE COPY OF THE SCHEME CERTIFICATE ISSUED BY R2 DATED 28.1.2000 ALONG WITH A COVERING LETTER DATED 2.2.2000

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P2TRUE COPY OF THE COVERING LETTER DATED 2.2.2000

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P3TRUE COPY OF THE REPRESENTATION DATED 2.8.2002

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P4TRUE COPY OF THE LETTER DATED 29.8.2002

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P5TRUE COPY OF THE CERTIFICATE ISSUED BY THE SECRETARY OF AJANUR GRAMA PANCHAYAT

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P6TRUE COPY OF THE ELECTION IDENTITY CARD OF THE PETITIONER

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P7TRUE COPY OF THE RATION CARD OF THE PETITIONER

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P8TRUE COPY OF THE EXTRACT OF ADMISSION REGISTER OF PETITIONER'S SON RAMESAN.

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//True Copy//

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P.S.To Judge

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RAJA VIJAYARAGHAVAN.V., J

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- - - - W.P.(C).28729 of 2007

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- - - - Dated 4^th April, 2016

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JUDGMENT

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1.On account of denial of pension for the reason that wrong date of birth was entered in the records maintained in the office of the Assistant Provident Fund Commissioner, the petitioner, who is a retired employee, has approached this Court by filing this writ petition.

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2.The petitioner claims to have been engaged in the employment of 'beedi rolling' under the 1^st respondent - Society. It is asserted that she was covered under the Employees Provident Fund Pension Scheme, 1995. Her claim of pension was turned down by the 2^nd respondent on the ground that, pension was payable only on attaining the age of 58, ie, from 1.12.2018.

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3.The learned counsel would submit that it was due

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WP(C).28729/07

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to an inadvertent mistake that an error had crept

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in at the time of furnishing the date of birth. It is asserted by the learned counsel that the actual date of birth of the petitioner is 4.5.1948 and not 1.12.1960 as seen in Ext.P1. The 2^nd respondent had insisted that the petitioner should furnish the certificate showing the actual date of birth issued by the Registrar of Birth and Death or any other competent authority. According to the learned counsel, the petitioner is having in her possession only Ext.P6 election I.D card, Ext.P7 ration card and Ext.P8 which is the extract of admission register in respect of her son Ramesan and there are no other documents evidencing the exact date of birth. The learned counsel would further submit that none of these records were considered by the 2^nd respondent prior to the issuance of Ext.P4 dated 29.8.2002. The limited

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WP(C).28729/07

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prayer of the learned counsel for the petitioner is to direct the 2^nd respondent to consider the aforementioned documents as well before considering the application for change of date of birth. According to the learned counsel, from the above records, the 2^nd respondent will be able to deduce the fact that the assertions made by the petitioner is genuine.

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4.I find merit in the submission of the learned

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counsel that rejection of the request for change of date of birth on the sole ground that the original certificate from the Registrar of Birth and death was not produced before the said authority, cannot be sustained under law. It will be next to impossible for the petitioner to obtain a certificate from the Registrar of Births and Death as the case of the petitioner is that she was born in the year 1948.

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WP(C).28729/07

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5.In view of the above and taking into consideration the peculiar facts and circumstances of the instant case, I direct the 2^nd respondent to consider the application, if any, filed for change of date of birth, afresh and on its merits, on production of Exts.P6, P7 and P8 and such other documents before the said authority by the petitioner. The same shall be done expeditiously, at any rate within 2 months from the date of production of a copy of this judgment.

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6.The petitioner shall produce a copy of the writ petition together with a copy of this Judgment before the 2^nd respondent for compliance.

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The writ petition is disposed of as above.

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Sd/-

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RAJA VIJAYARAGHAVAN.V. Judge

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Mrcs/4.4.2016

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//True Copy// P.S.To Judge

K.Lakshmi v. Kottacherry Beedi Workers Industrial

Case brief

What is this about?

What did the court decide?

K.Lakshmi v. Kottacherry Beedi Workers Industrial

Case brief

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What did the court decide?

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