IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.51668 OF 2019 (S-RES) BETWEEN SMT. M. SHIVAMMA, W/O LATE T.D. RANGAIAH, AGED ABOUT 50 YEARS, (AS PER RECORDS 60 YEARS) R/AT HOUSE NO.EWS-427, 11TH CROSS, KUVEMPU NAGAR, NEAR MINI VIDHANA SOUDHA, KASABA HOBLI, HASSAN TALUK, HASSAN DISTRICT, PIN - 573211. … PETITIONER (BY SRI. SANATH KUMARA K M, ADVOCATE) AND 1. STATE OF KARNATAKA, BY ITS SECRETARY, DEPARTMENT WOMEN AND CHILD DEVELOPMENT, M.S. BUILDING, BANGALORE - 560001.
2. THE CHILD DEVELOPMENT PLANNING OFFICER, DEPARTMENT WOMEN AND CHILD DEVELOPMENT, BANK ROAD, HEMAVATHI BADAVANE, HOLENARASIPURA - 573211. … RESPONDENTS (BY SRI. M.V.RAMESH JOIS, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE ANNEXURE-D THE CERTIFICATE ISSUED BY DISTRICT GOVERNMENT HOSPITAL, HASSAN AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioner an Anganawadi worker who is attaining the age of retirement this month going by the entries in the school records, is invoking the writ jurisdiction of this court for a direction to the respondents to treat her date of birth as mentioned in all other documents namely Aadhar card, Pan Card and Voter’s Identity Card as true and correct date of birth i.e., 1.1.1959 instead of 10.12.1959 mentioned in School Records vide Annexure – C.
2. Learned AGA Sri. M.V. Ramesh Jois having accepted notice for respondents, submits that the Karnataka State Civil Services (Determination of Age) Act, 1974, is applicable only to the civil servants and therefore, the relief which the petitioner is now seeking cannot be granted in writ jurisdiction; he also submits that the proper course to be adopted by the petitioner is filing of a properly constituted suit for declaration; there is force in this submission.
In the above circumstances, this Writ Petition is disposed off reserving liberty to the petitioner to adopt appropriate course of action, in accordance with law.
All contentions of the parties having been kept open.
Sd/- JUDGE cbc