IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE NINETEENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION NO : 13190 of 2004 Between: Kontham Prabhakar Raj S/o. Late Sri Ganga Raju Sri Pasarlapudi Choultry, East Godavari District. ..... PETITIONER AND 1 the Commissioner Endowments Department Government of A.P.Hyderabad. 2 The Regional Joint Commissioner Endowments Department Kakinada, East Godavari Dist. 3 The Dy.Commissioner of Endowments Kakinada, East Godavari Dist. 4 The Assistant Commissioner Endownments Department, Rajahmundry, East Godavari District. .....RESPONDENTS 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 writ, order or direction more particularly one inthe nature of writ of mandamus declaring the action of the respondents in not accepting the date of birth entered in the service register at the time of entering into service and requesting the 4th respondent in L.Dis No.E3/26043/2004 dated 17-6-2004 to pass orders and the 4th respondent in not passing the orders as illegal, arbitrary and against the Rules and consequently direct the 4th respondent to pass orders basing on the date of birth entered in the service Register at the time of entering into service and permit the petitioner to continue in Service till 30-4-2006 and pass. Counsel for the Petitioner:MR.G.JAYAPRAKASH BABU Counsel for the Respondent No.: GP FOR ENDOWMENTS The Court made the following : ORDER: This writ petition has been filed seeking to declare the action of the respondents, by way of Writ of Mandamus, in not accepting the date of birth entered in the service register at the time of entering into service and requesting the 4th respondent in L.Dis.No.E3/26043/04, dated 17-06-2004 to pass orders and the 4th respondent in not passing the orders, as illegal, arbitrary and against the Rules and consequently direct the 4th respondent to pass orders basing on the date of birth entered in the service register at the time of entering into service and permit the petitioner to continue in service till 30-04-2006. The case of the petitioner is that he was initially appointed as a Clerk on 13-05-1964. Thereafter, he was transferred to various places and got promotions from time to time to Upper Division Cadre and Superintendent on 18-01-1975 and 01-03-1986, respectively. The claim of the petitioner is that at the time of his entry into service on 13-05-1964 his date of birth was entered in the service register as 12-04-1948 based on the school records. When he was transferred to Sri Venkateswara Swamy Temple in 1965 the then Executive Oﬃcer opened another service register and in fact, recorded the earlier service in the service register, but entered the date of birth as 12-04-1946 without any basis. Thereafter, when he came to know that his date of birth was wrongly entered, in the year 2001, immediately he represented to the Chairman, Venkateswara Swamy Temple, Vadapalli. It is also submitted that vide letter dated 17-03-2004 the petitioner was transferred from Sri Venkateswara Swamy Temple to Sri Pasarlapudi Choultry and he has taken the charge as Manager at Sri Pasarlapudi Choultry. Thereafter, the 2nd respondent vide order dated 27-04-2004 relieved the petitioner, pending ﬁnalisation of his claim for date of retirement. Thereafter, the 3rd respondent vide proceedings dated 28-04-2004 directed the petitioner to produce original certiﬁcate of Transfer Certiﬁcate and Educational Qualiﬁcation to take action. Accordingly, he produced his school certiﬁcates, but no orders have been passed. Therefore, he represented the matter to the 1st respondent on 29-05-2004. The 1st respondent vide L.Dis. No.E3/26043/2004, dated 17-06-2004 requested the 4th respondent to take action as per the material available on record, rules and relevant certiﬁcates. Though original certificates have been produced by the petitioner before the 4th respondent, no orders have been passed. Aggrieved by the same, the petitioner has come up with the instant writ petition. Along with the writ petition, the petitioner also ﬁled WPMP. No.16873 of 2004 seeking a direction to the respondents to permit the petitioner to continue in service as Manager at Sri Pasarlapudi Choultry, Pasarlapudi village, East Godavari District, pending disposal of the above writ petition. This Court on 29-07-2004, while issuing Rule nisi, passed interim direction to the respondents to continue the petitioner in service, if he is already not relieved from service in pursuance of the order of the Regional Joint Commissioner, Endowments Department, Kakinada, East Godavari District, dated 27-04-2004 in Rc.No.A1/566/03 Admn. Learned counsel for the petitioner submits that correct date of birth of the petitioner is 12-04-1948 but not 12-04- 1946. The petitioner was in service up to attaining the age of superannuation as per the proceedings dated 27-04-2004. He draws the attention of this Court to the relevant para 5 of G.O.Ms.No.714, dated 13-07-1989, which reads as under: “Since Government have accepted in general the report of the Endowments Commission, the opinions of the Advocate-on- record, New Delhi and that of the Advocate General, A.P., High Corut have been obtained on the view of the Endowments Commission, and the matter was examined and a decision was taken to withdraw the Civil appeals. The Supreme Court of India on the request of the Advocate-on-Record for the State of A.P. dismissed the S.L.Ps. as withdrawn. In the result all the retired as well as working Executive oﬃcers/Managers of Endowments Department are treated as Government employees from the date of their appointment for all purposes including payment of pensionary benefits.” He further draws the attention of this Court to the proceedings dated 27-02-1986 of the Executive Oﬃcer-Sri Venkateswara Swamy Devasthanam, Vadapalli (v)-Atreyapurm Mandalam-E.G.District, which reads as under: “In pursuance of the orders issued by the Commissioner Endowments Department, Andhra pradesh, Hyderabad Sri K. Prabhakara Raju, Head-Clerk, working in Sri Venkateswara Swamy Vari Devasthanam, Vadaplly hereby promoted to the cadre of Manager (Superintendent) in the time scale of Rs.700-30-1060-35-1200 with existing allowances. The incumbent is directed to report for duty as Manager (Superintendent) forthwith.” The learned counsel further submits that since the petitioner is already retired from service on attaining the age of superannuation on 30-04-2006 by continuing in service pursuant to the interim order dated 29-07-2004 passed by this Court in WPMP. No.16873 of 2004 and because of the pendency of this writ petition, pensionary beneﬁts of the petitioner have not been settled. Having regard to the facts and circumstances of the case and the submissions made by the learned counsel, taking into consideration the G.O.Ms.No.714, Revenue (Endowments-I) Department, dated 13-07-1989 and the proceedings dated 27-02-1986 this writ petition is disposed of with the following direction: The respondents are directed to consider the case of the petitioner for settling the pensionary beneﬁts and make payment, since the petitioner is already retired from service on attainting the age of superannuation on 30-04-2006, in accordance with law and rules, within a period of three months from the date of receipt of a copy of this orders. Accordingly, with the above direction, this Writ Petition is disposed of. There shall be no order as to costs. _________________________ JUSTICE G. CHANDRAIAH Date: 19-09-2008 NOT E: Issue C.C. by 23-09-2008 B/o. LSK