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Judges : A.R.LAKSHMANAN,S.MARIMUTHU
The Kannadi Service Co-operative Bank Ltd. - Appellant
Versus
Viswanathan - Respondent
Case No : W.A.No.1073 of 1998
Decided On : 08/12/1998
Advocates Appeared :
Ashok M. Cherian For Appellant K. Ramakumar & Government. Pleader (P.K. Ravikrishnan) For Respondents
CORRECTION OF DATE OF BIRTH - CO-OPERATIVE SOCIETY - Kerala Co-operative Societies Act, R.197 - The court discussed the statutory provision under R.197 of the Co-operative Societies Rules, which mandates the date of birth in the service register to be that entered in the school admission register, Matriculation book, or S.S.L.C. book. The court emphasized that executive orders and government rules applicable to government employees are irrelevant to co-operative society employees. The judgment upheld the correction of the date of birth in the service records and allowed the employee to continue in service beyond the original retirement date based on the corrected date of birth.
Fact of the Case:
The case involved a Co-operative Society employee seeking correction of his date of birth in the service records to extend his service beyond the original retirement date. The employee's date of birth was incorrectly entered in the service records, leading to his premature retirement.
Finding of the Court:
The court found that the employee's date of birth should be corrected in the service records based on the statutory provision under R.197 of the Co-operative Societies Rules. The court held that executive orders and government rules applicable to government employees are irrelevant to co-operative society employees. The judgment allowed the employee to continue in service beyond the original retirement date based on the corrected date of birth.
Issues: The issues involved the correction of the date of birth in the service records of a Co-operative Society employee, the relevance of government rules to co-operative society employees, and the employee's entitlement to continue in service beyond the original retirement date.
Ratio Decidendi: The court's decision was based on the statutory provision under R.197 of the Co-operative Societies Rules, which mandates the date of birth in the service register to be that entered in the school admission register, Matriculation book, or S.S.L.C. book. The court emphasized that executive orders and government rules applicable to government employees are irrelevant to co-operative society employees.
Final Decision: The court upheld the correction of the date of birth in the service records and allowed the employee to continue in service beyond the original retirement date based on the corrected date of birth.
AR. Lakshmanan, J.
Heard Mr. Ashok M. Cherian for the appellant. Mr. Ramakumar for respondent No.1 and Mr. P.K. Ravikrishnan. Government Pleader for respondent No. 3.
2. The Writ Appeal is directed against the judgment of the learned single judge in O.P. 15016/97 now reported in Viswanathan v. Secretary to Government (1998 (1) KLT 724). The appellant Co-operative Bank is the third respondent in the Original Petition which is a co-operative society registered under the Kerala Co-operative Societies Act and rules made thereunder. The first respondent C. Viswanathan filed O.P. 15016/97 to call for the records leading up to Ext. P4 and quash the same and for a writ of mandamus directing the respondents therein to continue him in service beyond 31.8.1997 until he retires from service on attaining the age of superannuation and for a mandamus directing the Joint Registrar of Co-operative Societies. Palaxxad to perform the statutory duties in terms of R.197 of the Kerala Co-operative Societies Rules and enter the correct date of birth of the first respondent herein/ petitioner in O.P. in the service records. The first respondent is working as a Secretary of the Cooperative Society. He was functioning as such from 1.10.1970. According to the entry in the service book of the first respondent the date of birth was wrongly entered as 5.10.1939 while the actual date of his birth is 3.2.1941 which was found out by him while he had an opportunity to examine the records maintained in the Panchayat office relating to births and deaths. Immediately he made an application for correcting the date of birth of his service records for which the Government had passed an order condoning the delay which order is produced and marked as Ext. PI. Thereafter he submitted an application before the Controller of Examinations who however rejected it. On appeal the Government permitted the correction of date of birth of the first respondent as 3.2.1941 by order. which is produced and marked as Ext. P2. The first respondent. with that order sought correction of date of birth in his service records in the appellant society. He has already produced the corrected dale of birth also before the Bank. However the managing committee has refused to make alterations in terms of the corrected S.S.L.C. book in the service records of the first respondent. According to the date now shown in the service records. the first respondent is due to retire on 31.8.1997. while if the correction is accepted he can continue in service for another year and a half. Since the managing committee had refused to make the correction. he made a representation to the Joint Registrar of Co-operative Societies under Ext. P3. Since there was no response the first respondent filed O P. 12900 of 1997 in this Court to pass orders in the representation Ext. P3. Accordingly the Joint Registrar has passed an order holding the view that he has no powers at all in the matter. The said order is marked as Ext. P4. The Joint Registrar has informed the first respondent that the resolution cannot be rescinded. The order of the Joint Registrar according to the first respondent clearly discloses patent errors of law and importing materials which are altogether irrelevant to the issue. He filed the Writ Petition to quash Ext. P4 and for other allied reliefs. Along with the Writ Petition. the first respondent filed Exts. P1 to P4 in support of his case.
3. The second respondent in the O.P. filed a counter affidavit through Senior Inspector of Co-operative Societies. It is submitted that there is no specific rule in existence to correct the date of birth in the service register of the employee working in the co-operative sector. The Government vide G.O. (P) No. 45/91/P&ARD dated 30.12.1991 had issued guidelines regarding the correction of date of birth in the service book of government employees. The State Government had issued this order with due regard to the system followed in the case of Central Gover
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