THE HON’BLE SRI JUSTICE V.V.S.RAO AND THE HON’BLE SRI JUSTICE K.G.SHANKAR WRIT PETITION No.21539 OF 2011 Date:01.08.2011 Between: Md.Fasiuddin .. Petitioner And Divisional Forest Officer, Nirmal, Adilabad, Adilabad District and others .. Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO AND THE HON’BLE SRI JUSTICE K.G.SHANKAR WRIT PETITION No.21539 OF 2011 ORDER: (Per Hon’ble Sri Justice V.V.S.Rao) The petitioner is aggrieved by the order dated 28.07.2011 in O.A.No.5989 of 2011 passed by the Andhra Pradesh Administrative Tribunal, Hyderabad (for brevity, the Tribunal). By the said order, while ordering notice to the respondents returnable in four weeks, the Tribunal observed that the retirement of the applicant will be subject to the result of the Original Application. The petitioner filed the said O.A., praying to declare the Memo dated 06.06.2011 issued by the fourth respondent and consequential proceedings dated 15.06.2011 issued by the first respondent as arbitrary and illegal. By the said memo, the Government rejected the request to alter the date of birth of the petitioner – Forest Section Officer, from 15.07.1953 to 15.07.1955. By the consequential orders, the first respondent permitted the petitioner to retire from service with effect from 31.07.2011. Whether the petitioner’s request for alteration of his date of birth is justified having regard to the provisions of the Andhra Pradesh Public Employment (Recording and Alteration of Date of Birth) Rules, 1984 and whether the petitioner is justified in seeking such alteration at the fag end of his service are the matters to be adjudicated only by the Tribunal. Therefore, we are not inclined to interfere at this stage nor a writ petition would lie when the Tribunal orders notice (See L.Chandrakumar v. Union of India[1]). Therefore, we dismiss the writ petition observing that the Tribunal may consider the request of the petitioner for expeditious disposal of the Original Application itself within a period of three months from the date of filing of the counter by the respondents. The writ petition is, accordingly, dismissed. There shall be no order as to costs. ________________ (V.V.S. RAO, J) ____________________ (K.G. SHANKAR, J) 01.08.2011 KH [1] AIR 1997 SC 1125