THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION Nos.25814 and 25831 of 2011 COMMON ORDER: The petitioner in W.P.No.25814 of 2011 joined the service of A.P. Mineral Development Corporation Limited, 1st respondent in the year 1978 and the petitioner in W.P.No.25831 of 2011, in the year 1974, as daily wage workers. Thereafter, their services were regularized with effect from 01.04.1989. The dates of birth of the petitioners were entered in the service record as 05.06.1960 and 01.06.1956 respectively. Later on, the dates were altered as 01.07.1953 in the service record. The respondents issued proceedings, dated 19.08.2011 proposing to retire the petitioners with effect from 30.09.2011. These two writ petitions are filed challenging the said proceedings. The petitioners contend that they are illiterate and there did not exist any specific proof of their dates of birth and that on a rough assessment, the dates of birth were mentioned in the service record. They further submit that the alterations were effected in the records in the year 2005 en masse for about 100 employees without issuing any notice. The respondents have not filed any counter affidavits. It is not in dispute that the dates of birth of the petitioners were mentioned in the service records as 05.06.1960 and 01.06.1956 respectively, when they entered the service. However, those dates were altered on the basis of general proceedings issued in the year 2005. The concerned authority opined that the relevant records were missing and since there did not exist any specific proof of date of birth of the concerned employees, they shall be taken as 01.07.1953. While hearing another writ petition pertaining to similar dispute in the respondent-organization, this Court has come across the proceedings, through which the dates of birth were altered en masse and serious exception was taken to them. In the instant case, there does not exist any specific proof about the dates of birth of the petitioners. In various public sector undertakings, the dispute of this nature is resolved by subjecting the candidates to medical examination. In that view of the matter, an order was passed on 21.09.2011 directing that the Superintendent, Kunool Area hospital shall arrange for examination of the petitioners on 10.10.2011 to find out the approximate age by applying the relevant parameters. In compliance with the said order, the Superintendent constituted a Medical Board consisting of Doctors from the fields of plastic surgery, general surgery, medicine, radiology and dental surgery. The petitioners were subjected to tests in the corresponding fields on 13.10.2011. The Board opined that the petitioners are in the age group of 50 to 60 years and thought it is difficult to find out their exact age, they can be treated as aged about 55 years as on the date of their examination. They further ruled out the version of the respondents that the petitioners may be aged more than 58 years. The X-ray films and reports of the experts in the respective fields are also enclosed. This Court finds that there is adequate force in the findings of the Board and there is nothing to doubt the correctness thereof. Therefore, the writ petitions are allowed and it is directed that the petitioners shall be treated as aged 55 years as on 13.10.2011. They shall be liable to be retired on attaining the age of superannuation on the basis of the said age. There shall be no order as to costs. __________ 17.10.2011 JSU THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION Nos.25814 and 25831 of 2011 Date: 17.10.2011 JSU