THE HON’BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.32207 OF 2010 ORDER: 1. This writ petition is filed to call for the records pertaining to the date of birth of the petitioner and age retirement notice dated 02/11.03.2010 and to set aside the same and to direct the respondents to incorporate the date of birth of the petitioner in his service records as per the entries made in his school records as 28.10.1954 with all consequential benefits and attendant benefits. 2. The brief facts that the necessary for disposal of the writ petition may be stated as follows: The petitioner has studied up to X Class at Zilla Parishad Secondary School, Parvathagiri, Nekkonda Mandal, Warangal District during the year, 1968. As per the Study, Conduct and Date of Birth Certificates issued by the school authorities, the date of birth of the petitioner is 28.10.1954. The Transfer Certificate issued by the school authorities also shows that his date of birth is 28.10.1954. As per the Secondary School Certificate issued by the Board of Secondary Education, Andhra Pradesh, Hyderabad his date of birth is 28.10.1954. The Community, Nativity and Date of Birth Certificates issued by the Tahsildar, Kothagudem also show that his date of birth is 28.10.1954. The petitioner was appointed as Badili Pillar under compassionate appointment in the respondent-Company and posted at 8 Incline, Kothagudem, Khammam District on 22.02.1983 and he was promoted to the post of General Mazdoor in the year 1993 and posted at 7 incline, Kothagudem and he was further promoted to the post of Supportman in the year 1994 and further promoted to the post of E.P. Operator Trainee on 06.12.2010 and working as such. At the time of his initial appointment, the petitioner submitted his school certificates and heavy motor vehicle driving licence to the respondent-Company. The date of birth of the petitioner is to be recorded in his service record as 28.10.1954 but it was wrongly entered. 3. A detailed counter affidavit has been filed by the respondents stating that the petitioner was appointed as Badli Pillar under compassionate appointment on 22.02.1983. Thereafter, he was promoted as General Mazdoor. At the time of joining as Badli Piller, his date of birth was shown as 15.01.1951. Copy of the Identity and Service Card, copy of the B-Register and copy of Provident Fund Nomination Form, which are the earliest documents, would clearly go to show that the age of the petitioner is 32 years as on 15.01.1983. So, for all practical purposes, that date has to be taken into consideration. So long as the date of birth is altered in the Service Register and other relevant registers in terms of Regulations, the same cannot be changed now. For the first time, the petitioner has produced Study and Conduct certificates, driving licence, certified copy of the Transfer Certificate and the copy of the SSC Certificate to show that his date of birth is 28.10.1954. Earlier, these documents have not been produced before the concerned authorities for the purpose of alteration of his date of birth. The petitioner’s counsel relied upon the Circular dated 23.12.2003 issued by the respondents with regard to the change of date of birth whereunder the procedure for determination and verification of the age of employees was laid down. The Date of Birth recorded in the matriculation or equivalent examination shall be treated as correct date of birth. Therefore, the counsel says that the petitioner cannot be retired from service prematurely. The respondent issued notice dated 02/11.03.2010 intimating the petitioner that he is going to be retired from service with effect from 31.01.2011. Thereafter, he was retired from service prematurely. He has not produced those records before the respondents so as to correct the date of birth at the earliest point of time. Therefore, after retirement the question of applying the instructions and guidelines issued by the respondents to apply to the case of petitioner does not arise. The remedy of the petitioner is elsewhere. Therefore, the writ petition is devoid of merits. 4. Accordingly, the writ petition is dismissed. No costs. ____________ K.C. BHANU, J June 16th, 2011 lvl THE HON’BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.32207 OF 2010 Dt. 16.06.2011