Kerala High Court
Shiby Ivaniose vs State Of Kerala on 2 June, 2025
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
O.P.(KAT) No. 202 of 2025 :1:
2025:KER:38618
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE JOHNSON JOHN
MONDAY, THE 2ND DAY OF JUNE 2025 / 12TH JYAISHTA, 1947
OP(KAT) NO. 202 OF 2025
ORDER DATED 07.02.2025 IN OA (EKM) NO.1699 OF 2024 OF KERALA
ADMINISTRATIVE TRIBUNAL AT THIRUVANANTHAPURAM (ADDITIONAL BENCH,
ERNAKULAM)
PETITIONER/APPLICANT:
SHIBY IVANIOSE, AGED 48 YEARS,
W/O BIBI K. JOSE, HSA (ENGLISH), GOVT. HIGHER SECONDARY
SCHOOL, MADIKKAI, ACHIKKANAM P.O., KASARAGOD , KERALA,
(RESIDING AT PRATHEEKSHA', KAWAI, KANJANGAD, KASARAGOD - 671
315.
BY ADV SMT.SUJA PADNABAN PILLAI
RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY,
DEPARTMENT OF EDUCATION (GENERAL), GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM -, PIN - 695 001.
2 DEPUTY DIRECTOR (EDUCATION),
OFFICE OF THE DEPUTY DIRECTOR (EDUCATION), CIVIL STATION,
KASARAGOD -, PIN - 671 121.
SRI. B. UNNIKRISHNA KAIMAL, GOVERNMENT PLEADER
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION
ON 02.06.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(KAT) No. 202 of 2025 :2:
2025:KER:38618
A.MUHAMED MUSTAQUE & JOHNSON JOHN, JJ.
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OP (KAT) No. 202 of 2025
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Dated this the 2nd day of June, 2025
JUDGMENT
Johnson John, J.
The petitioner, who joined service on 11.09.2006, sought
correction of date of birth in the service book as per Annexure A6
application dated 14.06.2013 and since the same was not
considered, she filed O.A (Ekm) No. 1699 of 2024 along with M.A.
(Ekm) No. 1951 of 2024 to condone the delay of 6643 days in filing
the Original Application and the same was dismissed by the
Tribunal as per the impugned order dated 07.02.2025.
2. It is not in dispute that the petitioner joined service on
11.09.2006 and that as per the G.O.(P) No.45/1991/P&ARD dated
30.12.1991, a Government employee has to submit the application
for correction of date of birth in the service book within 5 years of
date of entry in the service.
3. The learned counsel for the petitioner argued that her
date of birth entered in the service records is '26.05.1976' and her
date of birth was incorrectly recorded in her SSLC Book as
'26.05.1976' instead of '02.12.1976'. According to the petitioner,
2025:KER:38618
her application for correction of date of birth in the SSLC Book was
allowed only on 18.02.2013 and thereafter, she filed an application
for correction of date of birth in the service book on 14.06.2013.
4. In the impugned order, the Tribunal considered the matter
in extenso and recorded a finding that the petitioner was not
vigilant in prosecuting the matter and that the petitioner, who was
sleeping over her rights, does not deserve any relief from the
Tribunal and that there is no satisfactory ground to condone the
delay of 6643 days in filing the Original Application.
5. It is well settled that the power under Article 227 of the
Constitution of India is not an appellate or revisional power to re-
appraise evidence and that intervention is limited to cases of clear
illegality or jurisdictional error. We find no illegality or jurisdictional
error in the impugned order of the Tribunal.
In the result, this Original Petition is dismissed.
sd/-
A.MUHAMED MUSTAQUE,
JUDGE.
sd/-
JOHNSON JOHN,
JUDGE.
Rv
2025:KER:38618
APPENDIX OF OP(KAT) 202/2025
PETITIONER'S ANNEXURES:
ANNEXURE A1 TRUE COPY OF THE ORDER NO. A2-2996/06 DATED 29.08.2006
ISSUED BY THE DEPUTY DIRECTOR (EDUCATION), KASARGOD
DISTRICT.
ANNEXURE A2 TRUE COPY OF THE 1ST PAGE OF SSLC BEARING REG.NO. 558888
AFTER MAKING CORRECTIONS.
ANNEXURE A3 TRUE COPY OF G.O (RT) NO. 4945/08 DATED 10/11/2008 ISSUED
BY THE 1ST RESPONDENT.
ANNEXURE A4 TRUE COPY OF BIRTH CERTIFICATE ISSUED BY THE REGISTRAR
OF BIRTH.
ANNEXURE A5 TRUE COPY OF ORDER NO. K.DIS/EX/BA2/104147/2012/CG
DATED 18/02/2013 ISSUED BY THE JOINT COMMISSIONER FOR
GOVERNMENT EXAMINATIONS, PAREEEKSHA BHAVAN,
THIRUVANANTHAPURAM.
ANNEXURE A6 TRUE COPY OF THE REQUEST DATED 14.06.2013 SUBMITTED TO
THE 2ND RESPONDENT.
ANNEXURE A7 TRUE COPY OF REQUEST DATED 23.09.2016 SUBMITTED TO THE
2ND RESPONDENT.
ANNEXURE A8 TRUE COPY OF THE APPLICATION DATED 14.10.2024 SUBMITTED
TO THE 2ND RESPONDENT.
ANNEXURE A9 TRUE COPY OF POSTAL RECEIPT NO.RL854732513IN DATED
23.10.2024.
ANNEXURE A10 TRUE COPY OF ADHAR CARD NO.913099569219.
ANNEXURE A11 TRUE COPY OF PAN CARD NO.DXOPS6698E
ANNEXURE A12 TRUE COPY OF PASSPORT BEARING NO. W8516036
ANNEXURE A13 TRUE COPY OF THE JUDGMENT IN WPC NO.38026/2024 DATED
29.10.2024 PASSED BY THE HON'BLE HIGH COURT.
EXHIBIT P1 CERTIFIED COPY OF ORDER DATED 07.02.2025 IN
O.A(EKM)NO.1699/2024 OF THE HON'BLE ADMINISTRATIVE
TRIBUNAL.
EXHIBIT P2 COPY OF THE O.A(EKM) NO. 1699/2024 OF THE HON'BLE
TRIBUNAL ON 13.12.2024.
EXHIBIT P3 TRUE COPY OF APPLICATION IN M.A NO.1951/2024 FILED IN O.A
NO.1699/2024 ON THE FILE OF THE KERALA ADMINISTRATIVE
TRIBUNAL ON 22.11.2024.
EXHIBIT P4 TRUE COPY OF OBJECTION DATED 22.01.2025 IN O.A
NO.1699/2024 ON THE FILE OF THE KERALA ADMINISTRATIVE
TRIBUNAL
EXHIBIT P5 TRUE COPY OF MEDICAL CERTIFICATE DATED 25.11.2016 ISSUED
BY M/S FATHER MULLER MEDICAL HOSPITAL, MANGALORE.
EXHIBIT P6 TRUE COPY OF MEDICAL CERTIFICATE DATED 13.03.2017 ISSUED
BY M/S MALABAR CANCER CENTRE
RESPONDENTS' ANNEXURE : NIL
/True Copy/
Rv P.S to Judge.
