HON’BLE SRI JUSTICE GHULAM MOHAMMED AND HON’BLE SRI JUSTICE C.V.RAMULU Writ Petition No.9850 of 2005 ORDER: (Per Hon’ble Sri Justice Ghulam Mohammed) This writ petition is ﬁled seeking to challenge the order dated 25-02-2005 passed in O.A.No.876 of 2004 on the ﬁle of Central Administrative Tribunal, Hyderabad Bench. 2. The petitioner filed the above O.A. seeking direction to oﬃcial respondents to correct his date of birth in service register as 24-03-1952 instead of 15-12-1948. The case of the petitioner is that he joined as NMR employee in South Central Railways on 10-11-1972. While so, it is averred that his date of birth was erroneously noted in the service register as 15-12-1948 due to his ignorance and illiteracy, whereas according to him, the correct date of birth is 24-03-1952 and he studied up to IV Class in the Mandal Parishad Upper Primary School, Vemupadu Village, Ponguturu Mandal, Krishna district. The petitioner relied upon paragraph 225 of Indian Railway Establishment Code, 1985 in support of his contention that in case of illiterates, the declared date of birth shall be recorded by a senior railway servant and witnessed by another railway servant at any time before retirement. The Tribunal after considering the rival contentions, held that the petitioner is not an illiterate employee and his case would be governed by the general rule prescribed in paragraph 225 of the said Code, but not exception, and accordingly, rejected the application. Heard learned counsel for the parties and perused the record. Learned counsel for the petitioner contended that he had produced the certiﬁcate wherein it is stated that he had studied upto IV class and his date of birth was stated as 24-03-1952, whereas his date of birth is wrongly recorded as 15-12-1948 in the service register. On the other hand, learned standing counsel for respondents supported the impugned order. A perusal of the record shows that the petitioner had studied up to IV class and he wanted correction of the date of birth on the ground that he is an illiterate and he could not notice it at an early point in time. Paragraph 225 of Indian Railway Establishment Code, 1985 deals with date of birth, its alteration and other allied matters. In fact, the provisions of paragraphs make it clear that the date of birth recorded as per Rules shall be binding and no alteration can be made. The Tribunal found that the period ﬁxed for correction of date of birth is three years or completion of probation period, whichever is earlier. The Railway authority had issued a Circular to the eﬀect that in case of illiterate staﬀ i.e. Class-IV employees, there is no time limit ﬁxed for making a representation seeking alteration of date of birth. The petitioner had studied upto IV class in the year 1952 and signed the service register in telugu, therefore it cannot be said that he is an illiterate. Apart from this, the petitioner had approached the Tribunal seeking alteration of date of birth when he was about to retire from service. Nothing prevented him from seeking such alteration much early while he was in service. In the circumstances, we do not ﬁnd any inﬁrmity, legal or otherwise, in the impugned order calling for interference in exercise of writ jurisdiction under Article 226 of the Constitution of India. Accordingly, the writ petition is dismissed. No order as to costs. ___________________________ GHULAM MOHAMMED, J. ___________________ C.V.RAMULU, J. 27-08-2008 Bsc IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SEVENTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 9850 of 2005 Between: Chilaka James, S/o Galib, O/o Inspector of Works/Watering, S.C. Railway, 'C' Boggu Line Gate, Vijayawada. ..... PETITIONER AND 1 The General Manager (Rep. of UOI), South Central Railway, Rail Nilayam, Secunderabad - 500 071. 2 The Chief Personnel Officer, South Central Railway, Rail Nilayam, Secunderabad. 3 The Divisional Railway Manager, South Central Railway, Vijayawada Division, Vijayawada, Krishna District. 4 The Senior Divisional Personnel Manager, South Central Railway, Vijayawada Division, Vijayawada, Krishna 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 any appropriate order or direction or a writ more particularly a writ in the nature of Mandamus and set aside the judgment of the Hon'ble Central Administrative Tribunal in O.A.No. 876 of 2004 dated 25-2-2005 and also set aside the appeal rejection order passed in 113th Permanent Negotiating Machinery held on 30-10-2002 and 31-10- 2002 as illegal, arbitrary and further direct the respondents to correct the wrong entry of date of Birth as entered in the Service Register by substituting the same with the correct Date of birth as 24-3-1952 in the Service Register, with all consequential beneﬁts and to pass such other order or orders as the Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.B.KAMALAKARA RAO Counsel for the Respondent No.: MR.R.S.MURTHY The Court made the following :