V.Sukumari v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 7TH DAY OF JANUARY 2015/17TH POUSHA, 1936 WP(C).No. 33621 of 2006 (C) ---------------------------- PETITIONER:
------------------- V.SUKUMARI, D/O.VAISHNAVI, AGED 50 YEARS, VARUVILA VEEDU ASHOKABHAVAN, KATTACHALKUZHI P.O., BALARAMAPURAM. BY ADV. SRI.BLAZE K.JOSE RESPONDENTS:
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1. STATE OF KERALA, REP. BY SECRETARY, GENERAL EDUCATION DEPT.
SECRETARIAT, THIRUVANANTHAPURAM.
2. COMMISSIONER FOR GOVERNMENT EXAMINATIONS THIRUVANANTHAPURAM.
BY GOVERNMENT PLEADER SRI.E.M.ABDUL KHADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.N.RAVINDRAN, J.
--------------------------- W.P.(C) No.33621 of 2006 -------------------------- Dated this the 7th day of January, 2015
J U D G M E N T
In this writ petition filed on 18.12.2006, the petitioner, who was then working as LD Clerk in Athiyanoor Grama Panchayat Office, challenges Ext.P12 order dated 15.2.2006 whereby the Joint Commissioner for Government Examinations, Thiruvananthapuram rejected her application for correction of her date of birth in the school records from 9.10.1954 to 9.10.1956. Though various contentions are raised, it is evident that correction of date of birth in the school records from 9.10.1954 to 9.10.1956 was sought so as to enable the petitioner to have her service records corrected with a view to continue in service for a further period of two years. Even if 9.10.
1956 is taken as the petitioner's date of birth, she completed the age of 55 years in the year 2011 and the age of 56 years, which is the current age of retirement of employees, in the year 2012. No purpose will therefore be served by correcting the school records at this distance of time. Even if the petitioner's date of birth is corrected, as she has crossed the age of superannuation and has retired from service, the service records cannot be corrected. That apart, the Government have in G.O.(P) No.45/91/P&ARD dated 30.12.1991 directed that applications for correction of date of birth in the service records shall be made within five years of one's entry in service.
W.P.(C) No.33621/06 those who have already crossed this limit, one year time from the date of the order shall be allowed provided they apply beyond the two year period preceding retirement, reckoned with reference to the date of birth as recorded in the service book. On the terms of the aforesaid Government order also, no purpose will be served by directing the Joint Commissioner for Government Examinations, Thiruvananthapuram to reconsider the petitioner's application for correction of date of birth in the school records. The writ petition has in my opinion become infructuous by efflux of time. The writ petition is accordingly dismissed as infructuous. P.N.RAVINDRAN, (JUDGE) vps