IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THE HON'BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.19535 of 2011 Date: 13.07.2011 Between: R. Sudhakar .....Petitioner AND APSRTC., rep. By its Managing Director, Musheerabad, Hyderabad and 2 others. ....Respondents THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.19535 of 2011 ORDER: 1. This writ petition is filed under Article 226 of the Constitution of India seeking to declare the action of the respondents in recording the date of birth of the petitioner as 15.6.1956 instead of 15.6.1966 as illegal and arbitrary and set aside the same and consequently direct the respondents to correct the date of birth of the petitioner as 15.6.1966 in the service records as per the school certificates and employment registration records with all consequential benefits. 2. Heard the learned counsel for the petitioner and the learned standing counsel appearing for the respondents. 3. The brief facts that are necessary for disposal of the present writ petition may be stated as follows: Initially, the petitioner was appointed as Cleaner in the 1st respondent corporation in the year 1986 and thereafter he was promoted as Helper and at present he has been working as Helper at 3rd respondent depot without any remarks. At the time of selections for the post of Cleaner, the petitioner submitted his school certificates and employment registration certificates etc., before the Selection Committee and the Selection Committee after verification of his school certificates selected him as Cleaner and his date of birth was correctly recorded as 15.6.1966 and thereafter his services were also regularized with effect from 20.9.1986 in the post of Cleaner. In the month of May, 2011, the petitioner submitted an application to the respondents to sanction educational loan to provide good education to his son and the respondents have forwarded his application to the CCS authorities for sanction of loan and at the time of verification of his ‘P’ Case in the office of the respondents, he came to know that his date of birth was wrongly recorded as 15.6.1956 instead of 15.6.1966. The clerk, who recorded his date of birth at the time of entering in the department, wrongly recorded year in his date of birth as ‘1956’ instead of ‘1966’. Thereafter, immediately, the petitioner approached the higher authorities of the respondents and requested to correct his date of birth as per the school records as 1966 in place of 1956. The authorities agreed their mistake in wrongly recording the date of birth of the petitioner in the service register and directed him to submit an application along with copies of school certificates. On the advice of the 3rd respondent, the petitioner submitted an application on 06.06.2011 enclosing the copies of the school certificates, but the respondents did not take any steps to correct his date of birth so far. Hence, this writ petition. 4. The contention of the learned counsel for the petitioner is that the age of the petitioner was wrongly mentioned in his service register as 15.6.1956 instead of 15.6.1966, that the petitioner also submitted an application on 6.6.2011 to that effect to the 3rd respondent to correct his date of birth in the service register, but the 3rd respondent did not take any steps to correct his date of birth and hence, the writ petition. 5. On the other hand, the learned standing counsel contended that the date of birth mentioned in the service register can only be taken into consideration for the purpose of super annuation. 6. Having regard to the facts and circumstances of the case, and especially in view of the fact that the application of the petitioner dated 6.6.2011 is pending with the respondents, it is just and proper to direct the respondents to take appropriate decision thereon duly taking note of the regulations governing the service conditions of the petitioner within a period of eight weeks from the date of receipt of copy of this order. 7. Subject to the above observations, the writ petition is disposed of. There shall be no order as to costs. ______________ K.C.BHANU,J Date: 13th July, 2011. Gk THE HON'BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.19535 of 2011 Date: 13.07.2011 Gk.