THE HON’BLE SRI JUSTICE N.V. RAMANA W.P. No. 12816 of 2008 O r d e r: The petitioner is a post-graduate in M.Sc. She was selected and appointed as Deputy Tahsildar in the year 1990 and joined as Mandal Revenue Oﬃcer on 22-02-1991. The petitioner states that her actual date of birth is 20.05.1957 and not 20.12.1954, and that prior to her joining the service, she ﬁled a suit in O.S. No. 164 of 1988 on the ﬁle of the Court of the District Munsif, Nizamabad, to declare her date of birth as 20.05.1957 instead of 20.12.1954, and that the said Court taking into consideration the evidence, both oral and documentary, placed by her, vide judgment dated 31.10.1989 decreed the suit holding that her correct date of birth is 26.05.1957 and not 20.12.1954. The petitioner states that at the time of joining the service, her date of birth was entered in the records as 20.12.1954 instead of 26.05.1957, and upon noticing the same, she made a representation dated 04.11.1993 accompanied with the civil court decree, requesting the 1st respondent, namely the District Collector, Nizamabad, to alter her date of birth in the service records as 26.05.1957 instead of 20.12.1954, but the same by order dated 18.01.1994 was rejected, as communicated to her by the Assistant Collector, Bodhan, vide his proceedings dated 17.02.1994 stating that as per the instructions issued by the Government in G.O. Ms. No. 383, F & P (F.W.FR.I) Department, dated 16.11.1993, date of births of individuals cannot be altered on the basis of civil court decrees. Assailing the said orders, the petitioner filed the present writ petition. Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue for the respondents. Though the petitioner prior to joining the service has obtained judgment and decree dated 31.10.1989 from the Court of the District Munsif, Nizamabad, declaring that her date of birth is 26.05.1957 and not 20.12.1954, the fact remains, in her service records, her date of birth was entered as 20.12.1954, which undoubtedly, is on the basis of the certiﬁcates, produced by her at the time of joining service. Though the petitioner obtained the said judgment and decree, prior to her joining service, she did not get her date of birth altered in her school records etc. According to the respondents, an employee after joining service, within one month has to declare his correct date of birth and that the petitioner failed to do. The petitioner made request for change of her date of birth after three years of her joining service on 04.11.1993, which by order dated 16.01.1994, was rejected by the 1st respondent. Admittedly, the petitioner assailing the said order passed by the 1st respondent, refusing to alter her date of birth in the service records on the basis civil court judgment and decree obtained by her, earlier ﬁled application in O.A. No. 2104 of 1994 on the filed of the A.P. Administrative Tribunal, which by judgment and order dated 14.11.1996, considering the rule position governing the subject, and that the issue raised in the O.A. was considered by it following the judgment of the apex Court in Govt. of A.P. v. M. Hayagreev Sarma [1], dismissed the O.A. inter alia holding as follows: The A.P. Public Employment (Recording and Alteration of Date of Birth) Rules, 1984, issued in G.O. Ms. No. 165 F & P (FW.FR.I) Department, dated 21.04.1984 contemplates the procedure for recording the dates of birth. According to Rule 2 of the said Rules, and applicant ought to have declared her date of birth within one month of joining service. But, no such declaration had been ﬁled within the stipulated period. The Government in G.O. Ms. No. 94, Finance and Planning (FW.FP.I) Department, dated 15.03.1994, have brought amendments to the above Rules and ordered that the amendments made shall be deemed to have come into force w.e.f. 21.04.1984. According to sub-rule (5) of Rule 2 of the said Rules, the date of birth as determined on the basis of the school records or any proof produced at the time of entering into service and entered in the service record shall be ﬁnal and no subsequent variation of date of birth in the school records for any reason shall be relevant for the purpose of service and on that basis the date of birth entered in the service records shall not be altered except in the case of bonaﬁde clerical error under the orders of the government. According to sub-rule (2) of Rule 4 of the said Rules: “No subsequent variation of the date of birth in the school records shall be relevant for the purpose of service nor shall such variation be valid ground for ordering an alteration of the date of birth by any Court, Tribunal or other authority”. Further, they issued a notiﬁcation in G.O. Ms. No. 383, F & P (F.W.FR.I) Department, dated under Rule 2 of A.P. Public Employment (Recording and Alteration of Date of Birth) Rules, 1984, requiring not to take civil courts decree into consideration. The applicant had not made any application declaring her claim for modiﬁed date of birth within one month of joining service even. The above said order of the Tribunal attained ﬁnality, inasmuch as the petitioner has not questioned the same by ﬁling writ petition immediately, and has ﬁled the present writ petition after lapse of more than 14 years. At any rate, since the rules governing the alteration of change of birth in the service records, preclude the respondents from taking into consideration the civil court decrees, declaring the date of births of the individuals, no exception can be taken to impugned order, passed by the 1st respondent refusing to alter the date of birth of the petitioner, which was already upheld by the Tribunal, vide orders referred to above. In the above view of the matter, I ﬁnd no merit in the writ petition, and the same is accordingly dismissed. No costs. _________________ N.V. RAMANA, J. Date: 04th November, 2008 KSR [1] (1990) 2 SCC 682