VISAKHAPATNAM DOCK LABOUR BOARD Vs. E ATCHANNA

JUDGEMENT

(1.) Leave granted.

(2.) These appeals arise out of a common order passed by the Andhra Pradesh High court in Writ Appeals Nos. 1024, 1025 and 1026 of 1995.

(3.) Between 1961 and 1969 the respondents entered service of the appellant as Mazdoors. At the time of their appointment, the respondents had not produced any proof regarding their dates of birth. Therefore, their age as could be ascertained from their appearance, was recorded in their service books. As the respondents were to attain the age of superannuation between April and July 1995, intimations were given to them individually regarding the dates of their retirement. They made representations to the appellant to rectify their dates of birth on the basis of certificates issued by Panchayat authorities. Subsequently, they also requested the appellant to send them to the Medical Board for ascertainment of their age. As the appellant did not accede to their requests they filed writ petitions in the High court. They prayed for a declaration that they are entitled to continue in service till they attain the age of superannuation calculated on the basis of their correct birth dates. In the alternative, they also prayed that the appellant be directed to refer them to the Medical Board for ascertainment of their real age and continue them in service in accordance with the determination to be made by the Board. The petitions were heard by a learned Single Judge of that court. He not only doubted the veracity of the certificates produced by the respondents but also held that as the request for correction of birth dates was not made within 5 years from the notification dated 30/11/1979 issued by the government of India, the appellant was justified in not entertaining their requests. The learned Judge also held that for that reason, prayer for referring them to the Medical Board also could not be granted. He, therefore, dismissed the petitions by his common order dated 27/4/1995.