Kerala High Court
WP(C)/38089/2008 of C.K.BHANUMATHI AMMA Vs COCHIN UNIVERSITY OF SCIENCE AND TECHNOL on 26 December 2008
HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 26TH DECEMBER 2008 / 5TH POUSHA 1930 WP(C).No. 38089 of 2008(H) -------------------------- PETITIONER(S): --------------- C.K.BHANUMATHY AMMA, W/O.CHANDRAN, CHALIYATTU HOUSE, ELOOR SOUTH, UDYOGAMANDAL
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE ANTONY DOMINIC
FRIDAY, THE 26TH DECEMBER 2008 / 5TH POUSHA 1930
WP(C).No. 38089 of 2008(H)
--------------------------
PETITIONER(S):
---------------
C.K.BHANUMATHY AMMA, W/O.CHANDRAN,
CHALIYATTU HOUSE, ELOOR SOUTH,
UDYOGAMANDAL P.O., VIA, ALUVA.
BY ADV. SRI.K.S.AJAYAGHOSH
RESPONDENT(S):
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1. COCHIN UNIVERSITY OF SCIENCE AND
TECHNOLOGY, COCHIN UNIVERSITY P.O.,
KOCHI-22, REPRESENTED BY ITS REGISTRAR.
2. REGISTRAR,
COCHIN UNIVERSITY OF SCIENCE AND
TECHNOLOGY, COCHIN UNIVERSITY P.O.,
KOCHI-22.
ADV. SRI.S.P.ARAVINDAKSHAN PILLAI,SC,COCHI U FOR R1 TO R3
BY GOVT. PLEADER SRI. SANDESH RAJA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 26/12/2008, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
ANTONY DOMINIC,J.
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W.P.(C).No. 38089/2008
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Dated this the 26[th] day of December, 2008.
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JUDGMENT
Petitioner had entered service of the respondentUniversity on 26.6.1998. Going by the school records thepetitioner's date of birth is 15.12.1953 and on that basisthe petitioner is to retire on 31.12.2008. According to thepetitioner her correct date of birth is 15.12.1955. It wouldappear that the petitioner obtained an order from the SubDivisional Magistrate directing correction of her date of birthand on that basis obtained Ext.P2 birth certificate with thecorrected date of birth. Even according to the petitioner herapplication for getting correction of the date of birth asentered in the SSLC book has not been allowed so far. In themeanwhile the application made by the petitioner to therespondent University to allow her to continue in service onthe basis of her date of birth as 15.12.1955 has beenrejected by Ext.P4. It is in these circumstances the writpetition has been filed.
WP(c).No.38089/08 /2/
Evidently, date of birth has been entered in theservice records made available by the petitionerherself. Even as on date apart from obtaining Ext.P2certificate, she has not been able to get her date ofbirth in the SSLC book corrected. Even otherwise theapplication made for correction of date of birth at thefag end of her retirement cannot be accepted.
Petitioner submits that similarly situatedpersons are allowed to continue in service. Even if thereis any substance in what she says, still in view of theaforesaid facts, I am not in a position to direct theUniversity to continue the petitioner in service beyond31.12.2008.
Writ Petition fails and is dismissed.
(ANTONY DOMINIC)JUDGE
WP(c).No.38089/08 /2/