IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE NINETEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No. 5882 of 2008 Between: Vangari Dangneya S/o.Shankar, Singareni collaries company ltd.,Godavarikhani Karimnagar District. ..... PETITIONER AND The Singareni Collaries Company ltd., rep.by its General Manager, Godavarikhani, Karimnagar District .....RESPONDENT 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 an appropriate writ order or direction more particularly one in the nature of writ of mandamus directing the respondent to correct the date of birth of the petitioner as 4.8.1952 in the entire service records by duly considering the application dated 29.11.2006 by declaring the action of the respondent in not considering the claim of the petitioner for correction of the date of birth as violative of the instructions of Joint Bipartite committee for the coal Industry coal India Limited and Circular dated 1.8.1998 apart from violative of Article 14 and 21 of the Constitution of India. Counsel for the Petitioner: MR.L.PRABHAKAR REDDY Counsel for the Respondent: MR.NANDIGAM KRISHNA RAO The Court made the following: ORDER: The petitioner was employed as a workman in Singareni Collieries Company Limited on 13.05.1976. His age was mentioned in the service register as 26 years as on 13.05.1976. On the basis of that age, the petitioner would attain the age of superannuation in the year 2010. On 29.11.2006, the petitioner submitted a representation to the respondent stating that he studied in the Government Upper Primary School at Mukaramjahi Road, Warangal and according to the transfer certificate issued to him on 27.11.2006, the date of birth is 04.08.1952. Accordingly, he requested the respondent to take necessary corrections in the service record. His grievance is that no action has been taken thereon. Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondent. When the petitioner was selected and appointed as a workman, his age was mentioned and no date of birth was entered in the service register, obviously because the petitioner did not produce any certificate in relation to his date of birth, or the qualifications held by him. It was only in the year 2006, he made a representation enclosing a certificate said to have been issued by a School. The company framed Regulations and issued Circulars from time to time prescribing the procedure to be followed, while processing the applications for correction of dates of birth or age. One such Circular is, dated 01.08.1098. The question as to whether the petitioner made out a case for alteration of date of birth in accordance with the Circular is a matter to be considered by the respondent. Though the petitioner is not facing immediate retirement from service, his application cannot be kept pending indefinitely. Nearly, two years have elapsed, since the petitioner submitted an application. It cannot brook any further delay. Hence, the writ petition is disposed of, directing the respondent to examine the representation, dated 29.11.2006, submitted by the petitioner and pass appropriate orders, within a period of three (3) months from the date of receipt of a copy of this order. There shall be no order as to costs. ____________ 19.03.2008 kdl ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRK}