IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH THE HONOURABLE SRI JUSTICE N.V.RAMANA W.P. NO. 7786 OF 2001 DATED : MARCH 7, 2006 BETWEEN B.ANNA REDDY PETITIONER AND TIRUMALA TIRUPATHI DEVASTHANAMS TIRUPATHI, REP. BY ITS EXECUTIVE OFFICER AND ANOTHER. RESPONDENTS THE HONOURABLE SRI JSUTICE N.V. RAMANA W.P. NO. 7786 OF 2001 ORAL ORDER: Seeking to quash the proceedings Roc. No. E5-0001/2000 dated 6.4.2000 passed by the first respondent herein retiring the petitioner from service on superannuation and consequently to direct the respondents to continue the petitioner in service till 30.6.2009, this writ petition is filed. The petitioner was appointed as NMR Forest Mazdoor on 1.5.1984 in the respondent – Devasthanams and subsequently transferred to Garden Department. The date of birth of the petitioner, who is an illiterate, was recorded as 1.7.1949. The services of the petitioner were regularized by proceedings dated 1.8.1991 and the petitioner was directed to produce age certificate. The petitioner, obtained age certificate from the Civil Surgeon, SVRR Government General Hospital, Tirupathi on 22.10.1991, showing his age as 42 years and the date of birth as 15.10.1949. Thereafter, on the direction of the second respondent, he obtained age certificate from the Dr. S.Ramesh Kumar, Medical Officer, TTD, Aswini Hospital showing his age as 40 years and date of birth. The Service Register of the petitioner was opened by the second respondent on 28.7.1992 recording his date of birth as 21.12.1941, on the strength of the medical certificate issued by the TTD Medical Officer, TTD, on 21.12.1981. The petitioner states that the Government has accepted the consolidated proposals sent by the first respondent, wherein his date of birth was recorded as 1.7.1949 and issued GO Ms. No. 390 dated 6.5.1991. He also submits that the Board of Trustees in its Resolution No.828 dated 25.11.1993 has relaxed his upper age limit and qualifications by proceedings dated 2.12.1993, as follows: “…exemption from the operation of age and qualification in terms of GO Ms. No. 1060 dated 24.10.1989. The Board of Trustees in its Resolution No. 828 dated 25.11.1993 has approved as per Executive Officer’s Proceedings No.TL3/41368/93 dated 2.12.1993 S. No.50…” The petitioner submits that as on the date of issuance of the medical certificate i.e. 21.12.1981, neither the Medical Officer nor the petitioner were in the service of Devasthanams. He also submits that when the proposals for the grant of automatic advancement scheme were sent by the second respondent to the first respondent, the second respondent noticed his date of birth as 21.12.1941 and intimated the same to the first respondent, but the petitioner being illiterate came to know only in the month of February, 2000 and submitted a representation dated 24.2.2000. In the meanwhile, the first respondent has issued proceedings dated 6.4.2000 intimating the employees who are due to retire on superannuation during the calendar year 2001 and 2002, in which the date of birth of the petitioner is shown as 1.8.2001 and his superannuation as 31.7.2001. The petitioner submits that as per the records available with the first respondent, he has to superannuate in 2009, inasmuch as his date of birth is 1.7.1949. When the writ petition is taken up for hearing, the learned Standing Counsel for the Respondent – Devasthanams, submits that the first respondent herein has issued proceedings TL3/14250/2000 dated 4.3.2006, correcting the date of birth of the petitioner as 15.10.1949 under the provisions of F.R. 74(a) IV read with Rule 5 of the A.P. Public Employment (Recording and Alteration of Date of Birth) Rules, 1984 issued in GO Ms. No. 165 dated 21.4.1984 and, thus, the petitioner was re-inducted into service as Gardener. Recording the same, the writ petition is closed. No order as to costs. N.V.RAMANA, J. March 7, 2006 MAS.