IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRTY FIRST DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 4902 of 2008 Between: V.Venkat Rao S/o.Narayana Rao APSRTC, Midhani Bus Depot Kanchanbagh, Hyderabad ..... PETITIONER AND 1 The Regional Manager, APSRTC, Hyderabad Region MGBS Complex, Gowliguda, Hyderabad 2 The Depot Manager, APSRTC, Midhani Bus Depot Kanchanbagh, AP .....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 a writ or order or direction more particularly one in the nature of writ of mandmaus declaring that the action of the respondents in not treating the petitioner date of birth as 10.6.1953 instead of 10.6.1949 for paying the medical unit retirement benefits as per the regulations 6- A(5) (b) of APSRTC Employees Service Regulation Act, 1964 as bad arbitrary, illegal, and contrary to the judgments of this Hon`ble court and consequently direct the respondents to pay the petitioner monetary benefits asper the above stated regulation by taking into account the petitioner dated of birth as 10.6.1953 with interest and pass Counsel for the Petitioner:MR.P.VENKATESWAR RAO Counsel for the Respondents: MR.KAMBHAM MADHAVA REDDY The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 4902 of 2008 ORDER: The petitioner was employed as a Driver in the A.P.S.R.T.C. on 27.11.1986. His services were regularized on 15.07.1987. On finding that he is not medically fit to hold the post of Driver, he was retired on medical grounds on 09.04.2006. A dispute arose as to the date of birth of the petitioner, in the context of calculating the benefits that are extendible to the petitioner, under Regulation 6-A (5)(b) of the A.P.S.R.T.C. Employees Service Regulations, 1964. According to the petitioner, his date of birth is 10.06.1953, whereas the respondents took it as 10.06.1949. The date becomes relevant for the purpose of calculating the benefits for the left over service. The petitioner states that in spite of the fact that the date of birth as mentioned in the service record is 10.06.1953, the benefits are being calculated by taking it as 10.06.1949. Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents. In relation to the date of birth of the petitioner, proceedings ensued, even while the petitioner was in service. Alleging that he fraudulently corrected the date of birth from 10.06.1949 to 10.06.1953, a charge sheet was issued on 26.10.1987. A departmental enquiry was conducted and ultimately, the charge was dropped, on the enquiry officer reporting that it was not held proved. Be that as it may, not withstanding this development, if the service record of the petitioner discloses that his date of birth is 10.06.1949, he cannot seek the remedy at this stage. On a direction issued by this Court, the learned Standing Counsel has produced before this Court, the service record of the petitioner. The date of birth entered in the transfer certificate issued to the petitioner by the Zilla Parishad High School, Devarakonda is 10.06.1953. The same was reiterated by the Head Master of that School, when the disciplinary proceedings were initiated against the petitioner. Under these circumstances, the respondents cannot treat the date of birth of the petitioner as 10.06.1949. The Writ Petition is, accordingly, allowed and the respondents are directed to treat the date of birth of the petitioner as ‘10.06.1953’ and extend the corresponding benefits. There shall be no order as to costs. _________ 31.03.2008 JSU ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRK} THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 4902 of 2008 Date: 31.03.2008 JSU