IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 20356 of 2008 Between: S.Krishna Reddy S/o. S.Subba Reddy APSRTC, R/o. D.no. 6-2-708, Ramnagar, Ananthapur, Ananthapur District. ..... PETITIONER AND 1 The Vice Chairman and Managing Diretor, A.P.S.R.T.C., Musheerabad, hyderabad. 2 The Regional Manager, A.P.S.R.T.C., Ananthapur Region Anantapur. 3 The Depot Manager, APSRTC Puttaparthi Depot, Puttaparthi, Ananthapur District. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue appropriate writ or order or direction more particularly one in the nature of writ of Mandamus declaring the action of the 3rd respondent in retiring the petitioner from the service of the Corporation on 30-11-2008, the school records as illegal, arbitrary and in violation of principles of natural justice, contrary to the Regulations of the Corporation and in violation of Art. 14 & 21 of the Constitution of the Constitution of India and consequently direct respondents to continue the petitioner in the service of the Corporation upon 24-6-2014 in the interest of justice. Counsel for the Petitioner: MR.S.D.GOWD Counsel for the Respondents.: SMT.W.V.S.RAJESWARI The Court made the following : ORDER: The petitioner joined in A.P.S.R.T.C. as cleaner on 01.12.1973. He was promoted as driver on 23.04.1975 and further promoted as A.D.C. on 16.04.1987. His educational qualification is stated to be 10th Class discontinued. At the time of his appointment as cleaner he did not produce any proof as to his date of birth and therefore, he was referred to medical board and the medical board assessed his age as 23 years on 05.11.1973. He was again sent to medical board for assessment of his age at the time of his promotion as driver. His age was assessed as 24 years as on 22.07.1975. In the Service Register his date of birth was recorded as 22.07.1951. Basing on the assessment of age made by the medical board in the year 1973, proceeding was issued directing the petitioner to retire from service with effect from 30.11.2008 vide proceedings dated 09.07.2008. The said proceeding is under challenge in this writ petition. 2. Rule Nisi came to be issued on 18.09.2008. An interim order came to be passed on the even date directing the respondents to continue the petitioner in service until further orders. 3. The respondents entered appearance and filed WVMP No.3876 of 2008 with a prayer to vacate the interim order dated 18.09.2008. When the vacate stay petition came up for consideration, the learned counsel appearing for the parties consented for disposal of the writ petition. 4. Heard learned counsel appearing for the petitioner and learned Standing Counsel appearing for the respondents. 5. Learned counsel appearing for the petitioner submits that as per the 10th Class Transfer Certificate the date of birth of the petitioner is 24.06.1956 and therefore, his date of retirement is 30.06.2014. Wheeas, it is contended by the learned standing counsel appearing for the respondents that as per the assessment made by the medical board at the time of appointment of the petitioner as cleaner as 23 years as on 05.11.1973 and therefore, he was to retire from service on 30.11.2008. A further submission has been made that the second assessment made by the medical board at the time of promotion of the petitioner as driver is only with regard to his fitness and not with regard to determination of his age. 6. A fact remains that the date of birth of the petitioner as entered in the service register is 22.07.1951. The assessment of age came to be made by the medical board after subjecting the petitioner to medical examination. The entry in the service register came to be made in the year 1975. Therefore, at this distance of time, it cannot be said that the said entry is incorrect. If the petitioner wants to seek a declaration that his date of birth is 24.06.1956, he is at liberty to approach a civil Court and obtain necessary orders. 7. Accordingly, the writ petition is disposed of directing the respondents to treat the petitioner’s date of birth as 22.07.1951 as entered in the service register and determine the age of retirement accordingly. 8. Learned standing counsel appearing for the respondents seeks some time for implementation of this order. 9. Three weeks time is granted for implementation of the orders of this Court from today. ______________________ B.SESHASAYANA REDDY, J. Date:04th February, 2009. Note: Issue C.C. within three days. B/O cs ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KSRANI}