Kerala High Court
State Of Kerala vs Shareef T. E on 3 September, 2024
Author: Amit Rawal
Bench: Amit Rawal
WA NO.1136/2023 1 2024:KER:66858
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
TUESDAY, THE 3RD DAY OF SEPTEMBER 2024 / 12TH BHADRA, 1946
WA NO. 1136 OF 2023
AGAINST THE JUDGMENT DATED 21.7.2022 IN WP(C) NO.8292 OF
2021 OF HIGH COURT OF KERALA
APPELLANTS/RESPONDENTS 1 TO 4 IN W.P.(C):
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY, GENERAL EDUCATION
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DIRECTOR OF GENERAL EDUCATION
DIRECTORATE OF GENERAL EDUCATION,
THIRUVANANTHAPURAM, PIN - 695014
3 REGIONAL DEPUTY DIRECTOR
HIGHER SECONDARY EDUCATION, REGIONAL OFFICE,
KOZHIKODE DISTRICT, PIN - 673004
4 ADDITIONAL DIRECTOR OF GENERAL EDUCATION
DIRECTORATE OF GENERAL EDUCATION,
THIRUVANANTHAPURAM DISTRICT, PIN - 695014
BY ADV SR.GOVERNMENT PLEADER SMT. RESHMI K.M.
RESPONDENTS/PETITIONER & 5TH RESPONDENT IN W.P.(C):
1 SHAREEF T. E.
WA NO.1136/2023 2 2024:KER:66858
S/O. EBRAHIM T. A., WORKING AS HSST ECONOMICS,
SIR SYED HSS, KARIMBAM, THALIPARAMBA,
KANNUR DISTRICT, RESIDING AT THECHIYODAN HOUSE,
MAMPOIL, CHUNGATHARA P. O., MALAPPURAM DISTRICT,
PIN - 679334
THE MANAGER
SIR SYED HSS, KARIMBAM, THALIPARAMBA,
2 KANNUR DISTRICT, PIN - 670142
BY ADVS.
ANOOP.V.NAIR
TANOOSHA PAUL(K/714/2010)
AVANTHIKA R.(K/001238/2023)
K.ANAND(K/001343/1995)
AMEER SALIM(K/1024/2020)
OTHER PRESENT:
SR GP SMT RASHMI KM
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 03.09.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA NO.1136/2023 3 2024:KER:66858
AMIT RAWAL & EASWARAN S., JJ.
--------------------------------
W.A. No.1136 of 2023
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Dated this the 3rd day of September 2024
JUDGMENT
AMIT RAWAL, J.
The present writ appeal is directed against the judgment
dated 21.7.2022 in W.P.(C) No.8292 of 2021 wherein the following
reliefs claimed by the petitioners/respondents have been allowed:
" i. to issue a Writ of certiorari calling for the records leading to
Exhibit P5 and quash Exhibit P5
ii. to issue a writ of mandamus or order or direction directing the 2nd
respondent to reconsider Exhibit P2 Application in accordance with
law considering the date of joining of the petitioner as 03.06.2013
and to make necessary changes in the date of birth in the Service
book and service records of the petitioner, within a time limit fixed by
this Hon'ble Court..
iii. Direct the 2nd Respondent to make necessary changes in the
date of birth shown in service book and service records of the
petitioner."
2. The operative part of the judgment of the learned Single
Judge reads as under:
WA NO.1136/2023 4 2024:KER:66858
" 5. Ext.P1 is the proceedings of the Deputy Director which
reveals that the approval of appointment of the petitioner
was with effect from 03.06.2013. Ext.P4, Government Order
says that the application for correction of date of birth of a
Government employee shall be made within 5 years of one's
entry in service. It is also stated in Ext.P4 that application for
correction of date of birth in the service book is to be
submitted to the Government in the administrative
department concerned through proper channel. It is admitted
in the counter affidavit itself that the petitioner had filed the
application before the Principal on 02.06.2018. If that be the
case, Ext.R3(b) application filed by the petitioner herein was
well within the time as stipulated in Ext.P4. In Ext.P5 order
of rejection, what is stated is that the period within which the
petitioner was required to file the application had expired on
10.04.2018, which statement is not correct. All that is stated
in the counter is that the Department received the copy of
the application forwarded through the Principal only on
14.6.2018 and the same was beyond time. As rightly
submitted by the learned counsel, as per Ext.P4, the
petitioner was required to submit the application through
proper channel, which means through the Principal, and that
is what the petitioner has done.
In that view of the matter, Ext.P5 order passed by the 2nd
respondent cannot be sustained. There will be a direction to
the 2nd respondent to reconsider the application dated
02.06.2018, treating that the same was well within time and
pass orders expeditiously, in any event, within two months
from the date of receipt of a copy of this judgment."
WA NO.1136/2023 5 2024:KER:66858
3. In pursuance of the directions of this Court, the
Government issued an order dated 18.8.2023, Ext.P12 rejecting the
case of the respondents/petitioners. Against the said order, the
respondents/petitioners filed W.P.(C) No.39165 of 2023 which is
stated to be pending adjudication before the single Bench.
4. In view of the aforesaid, we are of the view that no useful
purpose would be served in keeping this writ appeal pending as
subsequent events have taken place. The respondents/petitioners shall
be at liberty to raise all plausible pleas in the pending writ petition
No.39165 of 2023 untrammelled by the findings rendered by the
Single Bench in W.P.(C) No.8292 of 2021 dated 21.7.2022.
Writ Appeal stands disposed off.
Sd/-
AMIT RAWAL
JUDGE
Sd/-
EASWARAN S.
JUDGE
NS
WA NO.1136/2023 6 2024:KER:66858
RESPONDENT ANNEXURES
Annexure II Annexure II
Exhibit P5 Exhibit P5
Exhibit P12 Exhibit P12
Annexure R1(a) TRUE COPY OF THE MEMO DATED 14.10.2023
PRODUCED IN THE CONTEMPT 1176/2023
