High Court Kerala High Court

Kalavathy M.S. vs State Of Kerala Represented By on 26 November, 2007

Kerala High Court
Kalavathy M.S. vs State Of Kerala Represented By on 26 November, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 34816 of 2007(T)


1. KALAVATHY M.S., U.D.CLERK, OFFICE OF
                      ...  Petitioner

                        Vs



1. STATE OF KERALA REPRESENTED BY
                       ...       Respondent

2. INSPECTOR GENERAL OF REGISTRATION,

3. THE DISTRICT REGISTRAR GENERAL,

4. THE SUB REGISTRAR, ERNAKULAM.

                For Petitioner  :SMT.P.V.ASHA

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.GIRI

 Dated :26/11/2007

 O R D E R
                             V.GIRI,J.
                       -------------------------
                  W.P ( C) No. 34816 of 2007
                      --------------------------
             Dated this the 26th November, 2007

                        J U D G M E N T

Petitioner, who is working as U.D.Clerk in the office of the

Sub Registrar, Ernakulam was appointed under Exhibit-P1 Order

in which her date of birth is shown as 2.12.1952 consistent with

the date of birth in the S.S.L.C. Book which is given in Exhibit-

P2. In terms of Rule 60 of the KS.R., a person whose date of

birth is 2nd of a month completes the age of 55 on the

afternoon of the previous day. In terms of 60A, it enables him to

continue upto the last date of the month which in the case of the

petitioner is 31.12.2007. By a clerical mistake, the date of birth

of the petitioner was entered as 1.12.1952 in the service book.

This was noticed by the petitioner only when she wanted

pension papers to be processed. Request was made in this

regard to the Head of the Department and it was rejected under

Exhibits P5 and P7 on the premise that what is required by the

petitioner is a correction of the date of birth in her service book.

This requires orders from the Government.

2. After having seen Exhibits P1 and P3, I am of the

view that what seems to have taken place in the case of the

petitioner is quite unusual. It is a clerical error which might

W.P ( C) No. 34816 of 2007
2

have happened at the hands of the person who made an entry in

the service book when she joined service. What is sought for by

the petitioner is not a correction of her date of birth. Even in

Exhibit-P1 appointment order the date of birth is correctly shown

and the same is consistent with Exhibit-P2 S.S.LC. Book. What

is required is the correction of typographical error which could

be done by the Government.

3. In the result, the petitioner may file a representation

before the Government pointing out these aspects within a

period of three weeks from today. If so, the 1st respondent shall

de hors Exhibits P5 and P7 take a decision thereon in the light

of the observations made above, within one month thereafter.

The petitioner shall be permitted to continue in service till a

decision is taken on the representation by the Government or till

31.12.2007, whichever is earlier. It is made clear that

petitioner’s request need only be treated as a request for

correction of a typographical error .

(V.GIRI, JUDGE)
ma

W.P ( C) No. 34816 of 2007
2

K.THANKAPPAN,J

CRL.A. NO.92 OF 1999

W.P ( C) No. 34816 of 2007
2

ORDER

25th May, 2007