IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 8712 of 2008 Between: A.Bhoomaiah S/o. A.Lingaiah Cooperative Electric Supply Society Ltd., Sircilla, Karimnagar Dist. ..... PETITIONER AND 1 The Chairman, Cooperative Electric Supply Society Ltd., Sircilla, Karimnagar Dist. 2 The Managing Director, Cooperative Electric Supply Society Ltd., Sircilla, Karimnagar 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 appropriate writ order or direction preferably one in the nature of writ of Certiorari, calling for the records relating to the impugned order of the 2nd respondent vide Memo. No. CESS/Estt./D.No. 1366/2007, dated 12.09.2007 and quash the same as arbitrary and illegal and consequently direct the respondents to correct the date of birth of the petitioner from 05.04.1950 to 05.047.1956 and continue the petitioner in service till he attains the age of superannuation. Counsel for the Petitioner:MR.R.M.REDDY Counsel for the Respondents: MR.CH.KOTESWARA RAO The Court made the following : ORDER: The petitioner joined the respondents-society in the year 1973, as a Helper. Subsequently he earned the promotions of Lineman and Line Inspector. His date of birth in the service record was entered as 05.04.1950. On that basis, he is sought to be retired with effect from 30.04.2008. The petitioner submitted representations, dated 01.06.2006 and 10.09.2007, to the respondents, with a prayer to correct his date of birth as 05.04.1956. He stated that he studied up to 7th class in the Zilla Parishad High School, Durshed, Karimnagar District, from 21.06.1968 to 21.04.1970 and that in the Study, Conduct and Date of Birth Certificate, the date of birth was mentioned as 05.04.1956. In addition to that, the petitioner has also enclosed a copy of the Secondary School Certificate. Through his letter, dated 12.09.2007, the second respondent informed the petitioner that the date of birth entered in the service register cannot be altered. The petitioner challenges the same. Sri R.M.Reddy, learned counsel for the petitioner, submits that the post to which the petitioner was initially employed was an unskilled one and there was no necessity for the petitioner to enclose the relevant certificates. He contends that after joining service, the petitioner studied SCC and there is recorded proof of his date of birth. Learned counsel submits that the respondent ought to have verified the matter objectively, instead of rejecting it mechanically. Sri Ch.Koteswara Rao, learned Standing Counsel for the respondents, on the other hand, submits that once the date of birth of an employee is entered in the service register, just it cannot be altered, particularly at the fag end of the service. He placed reliance upon a judgment of the Supreme Court in Burn Standard Co.Ltd. v. Dinabandhu Majumdar[1]. It was almost three decades ago, in the year 1973, that the petitioner entered the service of the respondents-society. The date of birth was mentioned as 05.04.1950, obviously on the information furnished by the petitioner himself. Ever since then, he did not dispute the correctness of the same. It was only in the year 2006 that the petitioner made a representation to the respondents with a prayer to correct his date of birth. Apart from there not being any provision in the service rules of the respondents-society, the Supreme Court held time and again that the request of an employee made at the fag end of service for alteration of date of birth cannot be entertained at all. In Burn Standard Co.Ltd.’s case, the Supreme Court has categorically held that such an exercise cannot be undertaken. Following the same, the Writ Petition is dismissed. There shall be no order as to costs. ____________________ Dt.22.04.2008 L.NARASIMHA REDDY, J GJ ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 2CD copies Form-NIC-OGS/WP{KSRANI} [1] (1995) 4 SCC 172