The High Court · 2025

Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Directions, more particularly one in the nature of Writ of Mandamus- a) To call for the records pertaining to the Date of Birth recorded in the Service Records of the Petitioner as 12.04.1955 and retirement on 30.04.20'15, informed through the Proceedings No.KGM/PERl31t2B36, Dated 28.09.2015 and set them aside b) To direct the Respondents - Organisation to incorporate the Date of Birth of the Petitioner Dated 15.06.1958 in his Service Records, as per the entries made in his School Records c) To continue the Petitioner in the service and allow him to retire from the services on attaining the age of superannuation on 30.06.2018, with all consequential benefits and attendant benefits d) To award costs by declaring the action of the Respondents herein as bad, illegal, irrational, arbitrary, discriminatory, void, violative of the Rules and Guidelines issued by the Government from time to time, law laid down by the Honble Courts and also violative of the Article 14, 16 and 21 of the Constitution of lndia. l.A. NO: 1 OF 201S(WPMP. NO:42859 OF 2015) Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents - Organization to continue the Petitioner in the service, by suspend the operation of the Proceedings No.KGM/ PER/31/2836, Dated 28.09.2015 Counsel for the Petitioner : SRI A.K.JAYAPRAKASH RAO Counsel forthe Respondents:SRl P.SRI HARSHA REDOY, SC FOR SCCL The Court made the following: ORDER w'y THE HONOURABLE SMT. JUSTICE P.SREE SUDHA WRIT PETITION No. 332lE of 2015 ORDER: This writ petition is filed to direct the respondents_ Organization to incorporate the date of birth of the petitioner dated 15.06.1958 in the service records and to continue the petitioner in the service on attaining the age of superannuation on 30.O6.2018 with ali consequential benehts and attendant benehts.

2. Heard both sides. Perused the record.

3. l,earned counsel for petitioner stated that petitioner is entitled for corrections in respect of his date of birth as

15.06.1958 in the senrice records as per his school records with all consequential benelits and attendant benefits by setting aside the proceedings No.KGM/pER/3I /2836, dated 28.09.2015 for retirement on superannuation on 30.04.2015. Petitioner had studied upto 7rh class in Konkudur, Pardalapaka, Bikkavole Manda-l, East Godavari District during the academic yea_r 7974-75 ald as per the transfer certificate issued by the School authorities, his date of birth is 15.06.1958. Petitioner was appointed as Baditi Filler on 2

12.04 .1983 and promoted to the post of Driver in the year

1990. The date of birth of the petitioner is to be recorded in his service records as 15.06.1958 and thus he has to retire on

30.06.2018. In W.P.No.12642 of 2008, dated 19.06.2008, it is stated that certificate issued by Secondary School, S.S.C Certilicate is basis for determination of his date of his birth

4. Learned counsel for petitioner further stated that he along with others approached before the Court in the year 2015 in W.P.No.33343 of 2Ol2 and batch and in an order dated

31.03.2015, Singareni Collieries was directed to consider their case basing on the certilicate issued by them.

5. In a counter filed by respondents, it is contended that petitioner has not furnished date of birth at the time of examination and basing on the medicai certificate, his date of birth was mentioned as 15.06.1958 in the service record in the service records. As per the directions of this Court in the W.P.No.33343 of 2072, they were referred to Apex Medical Board for medical examination on 12.06.2O15 and as per the medical examination, he was aged 28 years as on 12.04.1983 -wv J and he was retired on the age of superannuation. His age was recorded as 28 in Identity and Service card, Form-B Register, Form-A CMPF Nomination & IME Form-O. Respondents filed copy of Form-O, Service card of the petitioner

6. l,earned counsel for petitioner mainly relied upon the age assessment report dated 23.06.2015, in which it was held that he has submitted VII Class Transfer Certificate No.25 dated

15.11.1977 . As per the said assessment report, no doubt he has submitted the transfer certihcate.

7. In the enquiry, it was stated that he furnished the copy of transfer certificate at the time of appointment. If at all he has furnished the transfer certihcate at the time of appointment and it was not entered in the service record, it is for him to raise the dispute within one year from the date of appointment but he failed to do so. Learned counsel for petitioner argued that he is illiterate and he did not know about the process and the said argument cannot be considered. At least, after appointment, he might have knowledge regarding the fact about entry of age in the service record and he ought to have I I I I 4 produced his transfer certihcate within one year from the date of appointment and requested them for entry of the correct date of birth and if at a-11 there is any violation of the dates, then the matter ',vill be referred to the Age Assessment Committee. As there was no violation and his age was mentioned as 28 years in all the records. The question of difference in date of birth does not arise. Petitioner was retired in the vear 2O15 and his benefits were already paid. Regarding the question of correction of date of birth he ought to have rise at an early point of time. In this case, the counsel for petitioner stated that they raised it in the year 2OO8 itseif. Admittedly, writ petitioner was appointed in the year 1983 and why he kept quiet till 2008 is not explained. Therefore, this Court hnds that there are no merits in this writ petition and is liable to be dismissed

8. In the result, this writ petition is dismissed. No costs Miscellaneous petitions pending, if any, shall stand closed. To, //TRUE COPY// SD/. L.VIJAYA LAXMI ASSISTANT REGISTRAR l\v SECTION L OFFICER

1. One CC to SRI A.K.JAYAPRAKASH RAO, Advocate. [OPUC] 2. One CC to SRI P.SRI HARSHA REDDY, SC for Singareni Collieries Company Limited. [OPUC]

3. Two CD Copies. BSK PSK , * ril :r:Fd l tlE SI,i o1{ \ 3* zgJUL zom A C '> \t :- ll!'l i'/-l HIGH COURT DATED:2710312025 ORDER WP.No.33218 of 2015 DISMISSING THE WRIT PETITION WITHOUT COSTS e6 \