K.R.RADHA Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner was aggrieved with her impending superannuation on 30.06.2015; when the writ petition was filed on 25.06.2015. The petitioner contented that she has applied for correction of date of birth before the R.D.O. and the same has been allowed as per Ext.P3 dated 27.04.2015. The petitioner was granted an interim order on 26.06.2015, in the following manner, on the basis of which she is continuing:

(2.) The petitioner admittedly entered service as a Part Time Sweeper under the 5th respondent on 30.12.1996 and continued as such till 21.07.2005, after which she was confirmed as a Full Time Sweeper. The petitioner had declared her date of birth to be 01.07.1959 before the employer and the service records also showed that date of birth; as was evidenced from the SSLC Book. The petitioner never applied for any correction of date of birth in her service book while she was continuing in employment. Later, the petitioner applied for registration of her date of birth in the Register of Births and Deaths, with huge delay, which was granted as per Ext.P3, directing registration of her date of birth as 01.07.1962. On that basis the petitioner sought for continuation in service.

(3.) It is trite that with respect to service, especially under the Government, the employer has to go by the date declared by the employee, unless the same is sought to be corrected at a point proximate to the date of entry into service. Admittedly, the service under the respondent authority is governed by the Kerala Service Rules (for brevity KSR) and the Kerala State and Subordinate Service Rules (for brevity KS&SSR), as applicable to the State Government employees. The Government has also brought out G.O. (P) No. 45/91//P&ARD dated 30.12.1991; enabling correction of date of birth within 5 years from the date of entry into service and also only after correction of the Secondary School Leaving Certificate.