Karnataka High Court
Sri N Narayanaswamy vs The Principal Secretary on 22 April, 2019
Author: R Devdas
Bench: R. Devdas
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF APRIL, 2019
BEFORE
THE HON' BLE MR.JUSTICE R. DEVDAS
WRIT PETITION NO.12633 OF 2018(S-RES)
BETWEEN
SRI N NARAYANASWAMY
S/O R.NAREPPA,
AGED ABOUT 57 YEARS,
R/AT NO.1100, HBR LAYOUT I STAGE,
5TH BLOCK, BANGALORE-560 043
OCC:WORKING AS ASSISTANT ENGINEER GRADE-2
KARNATAKA RURAL INFRASTRUCTURE
DEVELOPMENT LIMITED,
A GOVERNMENT OF KARNATAKA UNDERTAKING,
GRAMEENABHIVRUDDHI BHAVANA,
4TH AND 5TH FLOOR, ANANDA RAO CIRCLE,
BANGALORE-560 009.
... PETITIONER
(BY SRI JAYKUMAR S PATIL, SENIOR COUNSEL FOR
SRI H K KENCHEGOWDA, ADVOCATE)
AND
1. THE PRINCIPAL SECRETARY
DEPARTMENT OF RDPR -KARNATAKA
RURAL INFRASTRUCTURE DEVELOPMENT LIMITED,
A GOVERNMENT OF KARNATAKA UNDERTAKING,
3RD FLOOR, M.S.BUILDING,
BANGALORE-560 001.
2. THE PRINCIPAL SECRETARY
DEPARTMENT OF EDUCATION,
M.S.BUILDING,
DR.AMBEDKAR VEEDHI,
BANGALORE-560 001.
2
3. THE COMMISSIONER
DEPARTMENT OF PUBLIC INSTRUCTIONS,
NRUPATHUNGA ROAD,
NEW PUBLIC OFFICE,
BANGALORE-560 001.
4. THE MANAGING DIRECTOR
KARNATAKA RURAL INFRASTRUCTURE
DEVELOPMENT LIMITED
(ERSTWHILE KARNATAKA LAND ARMY
CORPORATION LIMITED),
A GOVERNMENT OF KARNATAKA UNDERTAKING,
GRAMEENABHIVRUDDHI BHAVANA,
BANGALORE (URBAN) SUB DIVISION,
4TH AND 5TH FLOOR, ANANDA RAO CIRCLE,
BANGALORE-560 009.
5. THE DIRECTOR/SECRETARY
DIRECTORATE OF TECHNICAL EDUCATION,
SESHADRI ROAD, PALACE ROAD,
BANGALORE-560 001.
6. THE SECRETARY,
KARNATAKA SECONDARY EDUCATION
EXAMINATION BOARD,
SAMPIGE ROAD, MALLESHWARAM,
BANGALORE-560 003.
7. THE DEPUTY DIRECTOR OF
PUBLIC INSTRUCTIONS,
KOLAR, KOLAR DISTRICT,
PINCODE-563 101
8. THE BLOCK EDUCATION OFFICER
SRINIVASAPURA TALUK, KOLAR DISTRICT,
PINCODE-563 135
9. THE PRINCIPAL
GOVERNMENT POLYTECHNIC,
CHINTAMANI, CHINTAMANI TALUK,
KOLAR DISTRICT-563 125
3
10. THE PRINCIPAL
GOVERNMENT JUNIOR COLLEGE,
SRINIVASAPURA TALUK,
KOLAR DISTRICT-563 135
11. THE HEAD MASTER
GOVERNMENT HIGHER PRIMERY SCHOOL,
MANIGANAHALLY, SRINIVASAPURA TALUK,
KOLAR DISTRICT-563 135
... RESPONDENTS
(BY SMT M S PRATHIMA, AGA FOR R1 TO R3 & R5 TO R11
SRI H DEVENDRAPPA, ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENTS NO.1 TO 10 TO MAKE CORRECTION OF THE DATE OF
BIRTH OF THE PETITIONER AS 20.07.1962 IN SSLC MARKS CARD,
SERVICE BOOK, SERVICE RECORDS AND SUCH ALL OTHER
RECORDS OF THE PETITIONER AS RECORDED IN ADMISSION
REGISTER VIDE ADMISSION NO.:6/1967-68 MAINTAINED BY THE
RESPONDENT NO.:11 FROM THE 1ST STANDARD TO 7TH STANDARD
FORTHWITH BY ACCEPTING THE REPRESENTATION VIDE ANNEXURE-
H AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
R. DEVDAS J., (ORAL):
The petitioner joined the services of the fourth respondent-Karnataka Rural Infrastructure Development Limited, in the month of August 1985. The petitioner had 4 joined the services as daily wager in the cadre of Assistant Task Commanders and thereafter his service was regularised on 08.05.1987.
2. The petitioner seems to have made a representation dated 21.12.2017 through RPAD seeking correction/alteration of the petitioner's date of birth in the service records, as 20.07.1962 in place of 02.04.1959.
3. Sri Jayakumar S.Patil, learned Senior Counsel appearing for the petitioner submits that the petitioner's father R.Nareppa had nine children. The petitioner noticed that his elder brother's date of birth was 10.08.1959 and if that be the case, the date of birth of the petitioner cannot be 02.04.1959. Therefore, the petitioner made efforts to verify from the School records to find out the true facts. It was only then that the petitioner came to know that in the Primary School records in the admission register between I Std. to VII Std, the date of birth of the petitioner is shown as 5 20.07.1962. However, in the S.S.L.C. markscard, the date of birth of the petitioner is shown as 02.04.1959.
4. The learned Senior Counsel therefore, submits that on perusing the records, it is evident that the correct date of birth of the petitioner is 20.07.1962 and by any stretch of imagination, it cannot be 02.04.1959, since the petitioner's elder brother's date of birth is 10.08.1959.
5. The learned Senior Counsel however, fairly submits that if this petition is disposed of with a direction to the fourth respondent-employer to consider the representation dated 21.12.2017 at Annexure 'H', it would suffice. The learned Senior Counsel however, brings to the notice of this Court that the fourth respondent-Karnataka Rural Infrastructure Development Limited, has issued a communication dated 05.04.2019 stating that the petitioner will attain the age of superannuation by the end of April 2019. Therefore, the learned Senior Counsel prays that the fourth respondent may 6 be directed to consider the representation of the petitioner at Annexure 'H' and pass orders on or before 29.04.2019.
6. Having regard to the facts and circumstances of this case and the submissions made by the learned Senior Counsel, this Court deems it fit to dispose of this petition with the following:
ORDER
i) The fourth respondent shall consider the representation dated 21.12.2017 at Annexure 'H' to this writ petition and pass a speaking order on or before 29.04.2019.
ii) The petition is accordingly disposed of.
SD/-
JUDGE JT/-