IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY EIGHTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 24260 of 2007 Between: K.Meghanath, S/o Venkatanarayana, R/o B-1, Pilot Colony, Manuguru, Khammam District. ..... PETITIONER AND The Chairman-cum-Managing Director, singareni Collieries Company Ltd., Kothagudem, Khammam 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 to issue a writ, order or direction more fullyin the nature of writ of mandamus declaring the action of the respondent in not correcting the petitioner's date of birth from 05-08-1948 to 04-11-1950 is illegal, improper, arbitrary and violative of principles of natural justice and consequently direct the respondent company to change petitioner's date of birth from 05-08-1948 to 04-11-1950 and pass such other order or orders as this Hon'ble Court deems fit and proper in the case. Counsel for the Petitioner:SMT.K.SESHARAJYAM Counsel for the Respondent No.: MR.NANDIGAM KRISHNA RAO The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 24260 of 2007 ORDER: The petitioner joined the service of Singareni Collieries and at present, he is working as Deputy General Manager. According to him, his date of birth was wrongly mentioned in the school and university records as 05.08.1948. He states that on noticing the mistake, he ﬁled O.S.No.256 of 1974 in the Court of Principal District Munsif, Tenali, against the Andhra University and the suit was decreed on merits on 05.11.1974. It is also stated that way back on 29.01.1975, the University has issued proceedings, directing correction of date of birth from 05.08.1948 to 04.11.1950 in all the relevant records. The grievance of the petitioner is that the respondent herein did not take the decree and other consequential proceedings into account and he is proposing to retire the petitioner on 31.08.2008, by treating his date of birth as 05.08.1948. Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondent. It is not as if that the petitioner is illiterate and that his age was assessed on the basis of his physical appearance. He is a post graduate. It is a matter of common knowledge that the date of birth mentioned in the S.S.C. record would constitute the basis and the same is to be reﬂected in the subsequent studies or in the service. Admittedly, the date of birth of the petitioner as mentioned in the S.S.C. record is 05.08.1948. He did not choose to take any steps to get it altered by approaching the concerned authority. On the other hand, he ﬁled a suit against the Andhra University, which has absolutely nothing to do in the matter of maintaining the record of the date of birth of the petitioner. Therefore, the decree in O.S.No.256 of 1974 is of hardly any help to the petitioner. At any rate, the request of an employee for alteration of date of birth at the fag end of service cannot be entertained. Time and again, the Supreme Court held that date of birth is one of the terms of contract and it cannot be altered to the detriment of the other party at the fag end. The writ petition is accordingly dismissed. There shall be no order as to costs. _________ 28.08.2008 JSU ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{RS} THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 24260 of 2007 Date: 28.08.2008 JSU