Kerala High Court
Rasheeda Beevi vs Managing Director on 2 November, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
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WP(C) NO. 9676 OF 2019
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
SATURDAY, THE 2ND DAY OF NOVEMBER 2024 / 11TH KARTHIKA, 1946
WP(C) NO. 9676 OF 2019
PETITIONER/S:
RASHEEDA BEEVI,
AGED 59 YEARS
W/O. JAMALUDHEEN, SEENA MANZIL, PERUMPUZHA P.O, KOLLAM
691 504.
BY ADVS.
MATHEW JAMES
SMT.A.M.FOUSI
RESPONDENTS:
1 MANAGING DIRECTOR,
THE KERALA STATE CASHEW DEVELOPMENT CORPORATION LTD, (A
GOVERNMENT OF KERALA UNDERTAKING) CASHEW HOUSE, P.B NO.
13, MUNDAKKAL, KOLLAM 691 001 REPRESENTED BY ITS
MANAGING DIRECTOR.
2 THE PERSONNEL MANAGER,
KERALA STATE CASHEW DEVELOPMENT CORPORATION LTD, (A
GOVERNMENT OF KERALA UNDERTAKING) CASHEW HOUSE, P.B NO.
13, MUNDAKKAL, KOLLAM 691 001
BY ADV SRI.VIPIN P.VARGHESE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) NO. 9676 OF 2019
JUDGMENT
The petitioner was working as grading labourer
under the 1st respondent. According to the petitioner, her
her date of birth has been wrongly entered in service
records as 15.06.1956 instead of 30.05.1960. By Ext.P4
communication, the petitioner was asked to retire from
service on attaining the age of 60 years i.e. on
31.12.2016. The petitioner challenged Ext.P4 before this
Court by filing W.P.(c) No.16881/2018. The said writ
petition was disposed of vide Ext.P5 Judgment directing
the 1st respondent to dispose of the representation
submitted by the petitioner. Pursuant thereto, the 1st
respondent passed Ext.P6 order rejecting the claim of
the petitioner. Accordingly, this writ petition is filed for
the following reliefs:-
i) Issue a writ of certiorari or any other
appropriate writ, order or direction, calling for
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WP(C) NO. 9676 OF 2019
the records leading to the issuance of Ext.P6,
and quash the same;
ii) Issue a writ of mandamus or other
appropriate writ, order or direction, directing
the respondents to permit the petitioner to
continue in service, as per Ext.P2 birth
certificate till she attains the age of 60;
2. A counter affidavit has been filed by the 1 st
respondent and paragraph 12 of the counter affidavit
reads as follows:-
"From the above, the petitioner admits and
affirms that she entered into service on 13.3.1974
and her date of birth as she claims is 30.05.1960.
It is therefore obvious that she joined KSCDC at
the age of 14 years and sufficient to draw an
inference that, the petitioner had a clear
knowledge of her joining KSCDC at the age of 14
years, suppressed that fact and fraudulently
manufactured a document to befit the age criteria
for recruitment of candidates at the time of entry
into service. The proceedings initiated against the
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WP(C) NO. 9676 OF 2019
petitioner is according to the laws and norms
adopted by the Corporation."
I find substance in the contentions in the counter
affidavit. Further, even going by the case of the
petitioner, she is presently 64 years old and no relief can
be granted. I find no merit in the writ petition and
accordingly, the writ petition is dismissed.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
al/-.
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WP(C) NO. 9676 OF 2019
APPENDIX OF WP(C) 9676/2019
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE REPRESENTATION DTD 16-09-
EXHIBIT P2 TRUE COPY OF THE BIRTH CERTIFICATE DTD 05-06-
2017 ISSUED BY THE ELAMPALLOOR GRAMA
PANCHAYAT
EXHIBIT P3 TRUE COPY OF THE SERVICE DETAILS OF THE
PETITIONER GIVEN BY THE PROVIDENT AUTHORITY
EXHIBIT P4 TRUE COPY OF THE ORDER NO.
CDC/PRL/P1/RETIREMENT/ 2016 DTD 31-12-2016 OF
THE 1ST RESPONDENT
EXHIBIT P5 TRUE COPY OF THE JUDGMENT DTD 24-10-2018 IN
W.P(C) NO. 16881 OF 2018
EXHIBIT P6 TRUE COPY OF THE ORDER NO. CDEC/PRL/P4/WPC
16881/18/2018 DTD 19-12-2018 OF THE 1ST
RESPONDENT CORPORATION
RESPONDENT EXHIBITS
EXHIBIT R2(a): THE TRUE COPY OF THE GOVERNMENT ORDER GO(P)
NO.45/91/P & ARD DATED 30/12/1991.
EXHIBIT R2(b): THE TRUE COPY OF THE GOVERNMENT CIRCULAR
NO.11980/SC3/87/P & ARD DATED 3RD DEC.1987.
EXHIBIT R2(c): THE TRUE COPY OF THE CIRCULAR
NO.CDC/PRL/P2/04 DATED 11/01/2005.
EXHIBIT R2(d): TRUE COPY OF THE CERTIFICATE ISSUED BY THE
ELAMPALLOOR MUSLIM JAMA-ATH DATED 12/09/2014.
EXHIBIT R2(e): THE TRUE COPY OF THE LETTER NO.CDC/PRL/P1/AGE
DISPUTE DATED 14/10/2014.
EXHIBIT R2(f): THE TRUE COPY OF THE LETTER NO.B4-7820/14
DATED 28/10/2014.
EXHIBIT R2(g): TRUE COPY OF THE APPLICATION DATED
29/12/2016.
