High Court of KeralaWP(C)/10206/2015disposed of

Gopi v. Corporation Of Cochin

2015-04-09Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 9TH DAY OF APRIL 2015/19TH CHAITHRA, 1937 WP(C).No. 10206 of 2015 (A) PETITIONER:

1. GOPI, AGED 50 YEARS, S/O.BALAKRISHNAN, PALLATHUPARAMBU, CHERANELLOOR, ERNAKULAM-682 034 BY ADV. SRI.ANCHAL C.VIJAYAN RESPONDENTS:

1. CORPORATION OF COCHIN, CORPORATION OFFICE, P.B. NO. 1016,COCHIN, RPERESENTED BY ITS SECRETARY, PIN-682 011.

2. THE SECRETARY, CORPORATION OF COCHIN, ERNAKULAM, PIN-682 011.

3. THE HEALTH OFFICER, CORPORATION OF COCHIN, ERNAKULAM, PIN-682 011. R1-R3 BY ADV. SRI.RAJESH S.SUBRAHMANIAN,SC,COCHIN CO R BY ADV. SRI.P.K.SOYUZ,SC,COCHIN CORPORATION THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 10206 of 2015 (A) APPENDIX PETITIONER(S)' EXHIBITS:

EXHIBIT-P1: TRUE COPY OF THE IDENTITY CARD ISSUED BY THE ELECTION COMMISSION OF INDIA TO THE PETITIONER EXHIBIT-P2: TRUE COPY OF THE RATION CARD OF THE PETITIONER AND FAMILY VIDE NO 1734010444 DATED 24-12-2008 EXHIBIT-P3: TRUE COPY OF THE LETTER NO. MOH/16443/2009 VOL.III DATED 12-12-2014 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER EXHIBIT-P4: TRUE COPY OF THE CERTIFICATE NO C8/7993/14 DATED 29-12-2014 ISSUED BY THE SECRETARY,CHERANELLOOR GRAMA PANCHAYAT. EXHIBIT-P5: TRUE COPY OF THE APPLICATION DATED 07-01-2015 SUBMITTED BY THE PEITTIONER TO THE DISTRICT COLLECTOR,ERNAKULAM EXHIBIT-P6: TRUE COPY OF THE COMMUNICATION NO. B-52/15/L.DIS DATED 5-32015 ISSUED BY THE SUB COLLECTOR,FORT KOCHI TO THE PETITIONER EXHIBIT-P7: TRUE COPY OF THE NORORIZED AFFIDAVIT SUBMITTTED BY THE PEITIONER BEFORE THE SUB COLLECTOR, FORT KOCHI DATED 12.01.2015 EXHIBIT-P8: TRUE COPY OF THE CERTIFICATE ISSUED BY THE CHIEF MEDICAL OFFICER, GOVERNMENT HOMEO MEDICAL DISPENSARY,CHERANALLOOR. RESPONDENT(S)' EXHIBITS: NIL TRUE COPY PA TO JUDGE rsr

A.MUHAMED MUSTAQUE, J.

========================= W.P(C).No.10206 of 2015 ============================ Dated this the 09th day of April, 2015

JUDGMENT

Petitioner is working as temporary Sanitary Worker in the Corporation of Cochin. By Ext.P3, third respondent directed the petitioner to produce relevant documents for appointing him as permanent Sanitary Worker. Petitioner produced all documents except proof of date of birth. As petitioner is an orphan, he was unable to produce proof of date of birth. Petitioner submitted application to the District Collector and the Sub Collector for issuance of date of birth. Sub Collector after conducting an enquiry issued Ext.P6 and expressed the inability to issue certificate regarding the age proof of the petitioner since date of the birth is not available. Petitioner produced Ext.P7 affidavit stating that the date of birth is 10.08.1965. Petitioner submits that in the light of Ext.P7 affidavit, he shall be considered for appointment to the post of Sanitary Worker. In the absence of proof of date of birth, there shall be a direction to the respondents to consider the petitioner for appointment to the post of Sanitary Worker without insisting proof of date of birth and accepting affidavit.

The Writ Petition is disposed of. No costs.

Sd/- A.MUHAMED MUSTAQUE, JUDGE.

Sbna/18/04/15