IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 9353 of 2002 Between: K.Durgaiah S/o Venkataiah R/o Kunaram Village, Potkapally Mandal, Karimnagar District. ..... PETITIONER AND 1 The Singareni Colleries Company Limited Rep by its General Manager III, Ramagundem, Karimnagar District. 2 Personal Secretary, R.G.I-II, The Singareni Colleries Company Limited Ramagundem, Karimnagar District. 3 The Managar , II-A Incline, The Singareni Colleries Company Limited Ramagundem, Karimnagar 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 to issue an appropriate Writ, Order or Direction perferably one in the nature of Writ of Mandamus declaring the impugned order of the 3rd respondent in Ref.No.RG.I/11A/P/001/2002/1291, dt31.3.2002, terminating the services of the petitioner as illegal, arbitrary and contrary to law and consequently direct the respondents to permit the petitioners to continue in service till he attains the age of superannuation basing on the date of bith of the petitioner as mentioned in VII Class as well as SSC Certificate of the petitioner i.e.as 14.9.1949. Counsel for the Petitioner:MR.J.KANAKAIAH Counsel for the Respondent No.: MR.N.CHANDRADHAR RAO The Court made the following : ORDER : The petitioner filed this Writ Petition under Article 226 of the Constitution of India, seeking a writ of Mandamus to declare the impugned order dated 31.03.2002 passed by respondent No.3 in Ref. No.RG.I/11A/P/001/2002/1291 terminating the services of the petitioner as illegal, arbitrary and contrary to law and consequently direct the respondents to permit the petitioner to continue in service till he attains the age of superannuation basing on the date of birth of the petitioner as mentioned in VII Class as well as SSC Certificate of the petitioner. 2. On the basis of the transfer certificate issued by the Zilla Parishad High School, Bellampalli, wherein the date of birth of the petitioner was mentioned as 14.09.1949, the petitioner was appointed as a Filler in the respondent Corporation in the year 1970. Thereafter he prosecuted his studies and obtained a S.S.C certificate wherein also his date of birth is mentioned as 14.09.1949. However, a competent Medical Officer examined him and submitted a report in the year 2002 stating that the petitioner’s date of birth is false and he attained the age of 60 years as on 2002 itself and on the basis of the said medical certificate, the services of the petitioner were terminated with effect from 31.03.2002 and the same is challenged in this writ petition. 3. This Court while issuing Rule Nisi on 14.05.2002, issued an interim direction directing the respondent to continue the petitioner in service. 4. In the light of the said interim orders, the petitioner is allowed to continue in service and he is to retire in the month of September, 2009. As, the petitioner is allowed to continue and when he is at the verge of his retirement, this Court is of the view that it may not be necessary to go into the merits as to whether the said certificate produced by the petitioner is to be acted upon for determination of his date of birth etc., 5. It is submitted by the learned counsel for the petitioner that though the said order was passed by this Court on 14.05.2002 directing the respondent-Corporation to continue the petitioner in service, the petitioner was not taken into service and only after passing the orders by this Court in contempt case, he was taken into service in the month of January, 2003. As this Court is not going into the merits and as per the order dated 14.05.2002 directing the respondents to take into service and the orders passed by this Court in contempt case, the said period from 14.05.2002 i.e., from the date of order to the date of taking into service in the month of January, 2003 may be treated as continuity of service for the purpose of deciding the terminal benefits. 6. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs. _________________________ GOPALA KRISHNA TAMADA, J Dated June 24, 2009 KSH