- 1 - NC: 2025:KHC:2408 WP No. 12417 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 12417 OF 2024 (S-RES) BETWEEN: SMT. SHEKAMMA W/O DEVENDRAPPA, AGED ABOUT 50 YEARS, RESIDING AT NO.165F, 100 FEET RING ROAD, KEB QUARTERS, VEERABHADRA NAGAR, BANASHANKARI III STAGE, BANGALORE - 560085. …PETITIONER (BY SRI. MAYANNA GOWDA N. R., ADV.) AND: 1. THE GOVERNMENT OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT, VIKASA SOUDHA, BANGALORE- 560001. BY ITS SECRETARY. 2. BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP) N R SQUARE, BANGALORE - 560 002, BY ITS COMMISSIONER. 3. THE ASSISTANT EXECUTIVE ENGINEER (S W N) PADMANABHA NAGAR DIVISION, BRUHAT BENGALURU MAHANAGARA PALIKE, BENGALURU-560020. …RESPONDENTS (BY SRI.V SHIVAREDDY, AGA FOR R1 SRI B.S. KARTHIKEYAN, ADV. FOR R2 & R3) Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2408 WP No. 12417 of 2024 THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE R-2 DATED 29.12.2022 BY REMOVING THE PETITIONER FROM HER JOB UNDER RULE 95(1) OF KCSR ACT 1958 AS PER ANNEXURE-E AND INCLUDING AN ORDER FOR COSTS. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.G.PANDIT ORAL ORDER Petitioner, a retired Pourakarmika of second respondent is before this Court questioning the Office Order dated 29.12.2022 (Annexure-E) wherein the petitioner was relieved of her duties on attaining the age of superannuation of 60 years. 2. Heard the learned counsel Sri.Mayanna gowda.N.R., for petitioner, learned Additional Government Advocate Sri.V.Shivareddy, for respondent No.1 and learned counsel Sri.B.S.Karthikeyan, for respondent Nos.2 and 3. Perused the writ petition papers. 3. Learned counsel for the petitioner would submit that the petitioner joined as Pourakarmika in the second respondent-BBMP in the year 2010 and on her joining duty - 3 - NC: 2025:KHC:2408 WP No. 12417 of 2024 in the second respondent-BBMP, her date of birth was recorded as 1963 in the HRMS for the payment of salary and other purposes. But, the petitioner was not aware of such recording of her date of birth by the second respondent BBMP and when she was relieved of her duties on 31.12.2022, she came to know that her date of birth is wrongly recorded in the records of the BBMP. Therefore, she made a representation to respondents and the second respondent had referred the petitioner to Victoria Hospital for medical examination to get the correct date of birth of the petitioner. 4. Learned counsel for the petitioner invites attention of this Court to Annexure-D, medical certificate issued by the Victoria Hospital wherein it is stated that the petitioner is aged more than 45 years and less than 60 years. Therefore, he prays for quashing Annexure-E, Office Order dated 29.12.2022 (Annexure-E) and to continue the petitioner till she attains 60 years, taking note of Annexure-D, medical certificate. - 4 - NC: 2025:KHC:2408 WP No. 12417 of 2024 5. Admittedly, the petitioner joined second respondent-BBMP as Pourakarmika in the year 2010. On her joining the duty, the date of birth of the petitioner was recorded as 1963 in the records of the second respondent i.e., HRMS for the purpose of pay and other benefits of the petitioner. The petitioner had not taken any steps to correct the date of birth till her retirement on 31.12.2022, if her date of birth was wrongly recorded at the time of her appointment. The petitioner cannot seek for correction of date of birth at the fag end of her service or after her retirement. The petitioner ought to have got corrected the date of birth within a reasonable time from joining duty in the second respondent-BBMP. The medical certificate at Annexure-D would not give correct date of birth of the petitioner and it only gives approximate age of the petitioner, which cannot be taken note of, for the purpose of service records of the petitioner. As the petitioner has failed to get the correct date of birth entered in service records within a reasonable time from joining duty in the - 5 - NC: 2025:KHC:2408 WP No. 12417 of 2024 second respondent – BBMP and has raised her grievance only after she is relieved from services of the second respondent on attaining the age of superannuation at 60 years on 31.12.2022, I decline to entertain the writ petition. 6. Accordingly, writ petition stands rejected. Sd/- (S.G.PANDIT) JUDGE NC CT:bms List No.: 1 Sl No.: 33