IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 836 of 2009 Between: Janagama Lingaiah S/o.Ramulu R/o.QNo.L-36,Housing Board colony Ramagundam ,Karimangar district ..... PETITIONER AND 1 The Chief General Manager, Singareni collieries Company Ltd., RG-I, Godavarikhani, Karimnagar District 2 The Singareni Collieries COmpany Ltd., rep.by its Managing Director (Adm),Kothagudem, Karimnagar District .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ order or direction more particularly one in the nature of writ of mandamus directing the respondents to continue the petitioner in service as General Mazdoor by reckoning this date of birth as 30.12.1959 or till the dispose of the Civil Suit in OS.No.163 of 2008 on the file of Hon`ble Junior Civil Judge, Godavarikhani, Karimnagar District in view of respondents recording conflicting date of birth of the petiitoner and consequently declare the action of the respondents in taking steps to retire the petitioner w.e.f.31.1.2009 without conclusive proof of date of birth of the petitoner as bad in law and violative of principles of natural justice in the interest of justice and pass Counsel for the Petitioner:MR.B.SUDHAKAR REDDY & NEERAJA REDDY Counsel for the Respondent No.: MR.NANDIGAM KRISHNA RAO The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No. 836 OF 2009 ORDER: 1. This writ petition has been filed by Janagama Lingaiah assailing the action of the respondents in directing him to retire from service w.e.f. 31- 01-2009. 2. The petitioner was appointed in S.C. Corporation Limited, Godavarikhani in the year 1983. According to the petitioner, his date of birth is 30-12-1959 and whereas the respondents recorded the date of birth as 23-1-1949. Basing on the entries made in the services records, the petitioner was asked to retire from services w.e.f. 31-1-2009. 3. Petitioner filed O.S.No. 163 of 2008 seeking declaration with regard to his date of birth. The respondents herein are the defendants in the said suit. They filed the written statement. The suit is pending for disposal. The petitioner apprehending that the authorities may proceed to retire him from services w.e.f. 31-1-2009 approached this Court invoking jurisdiction under Article 226 of the Constitution of India with a prayer to issue a writ of mandamus to the respondents to continue him in service. 4. When the writ petition came up for admission Sri Nandigama Krishna Rao, learned standing counsel for Singareni Collieries Limited takes notice on behalf of the respondents. 5. Heard learned counsel appearing for the petitioner and learned standing counsel appearing for the respondents. 6. Learned counsel appearing for the petitioner submits that if the petitioner is made to retire from service on 31-1-2009, the very purpose of filing the suit will be defeated. 7. Learned standing counsel appearing for respondents submits that as per internal mechanisum provided in case of dispute with regard to date of birth, the petitioner was sent to Area Age Determination Committee on 23-1-2004 and his age was determined as 55 years as on 23-1-2004 and the same was acknowledged by the plaintiff and it came to incorporated in his service book and communicated to the Regional Commissioner, CMPF, Hyderabad through letter dated 22-1-2004 for making necessary corrections in CMPF records. Indisputably the petitioner invoked the jurisdiction of civil Court and sought for declaration with regard to his date of birth. Such is the situation, invoking jurisdiction of this Court under Article 226 of the Constitution of India is misconceived. 8. Accordingly, this writ petition is dismissed at the admission stage. No order as to costs. _____________________________ Justice B.Seshasayana Reddy 23rd January, 2009. KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No. 836 OF 2009 23rd January, 2009.