P BABI REDDY Vs. COMMISSIONER OF ENDOWMENTS

JUDGEMENT

(1.) The Sarpanch of the village Gandavaram and the Chairman of the Trust Board of the 3rd respondent-temple, who are said to be the schoolmates of the petitioner who is working as Clerk in the 3rd respondent-temple, have sent up a petition to the Commissioner of Endowments, to the effect that the petitioner has already reached the age of superannuation. On that the authorities have conducted some enquiry. When the petitioner was asked to submit proof or his date of birth, he sent a copy of pass certificate dated 7-5-1947 of Secretary to Government for Government Examinations, Madras, of VIII Standard Public Examination held in April, 1947 in which the date of birth of the petitioner is noted as 1-7-1933. The 2nd respondent herein addressed the Head Master, P.S. Elementary School, Gandavaram, requesting him to furnish the copy of school record sheet of the petitioner who was said to have studied on that school. The Head Master sent a study certificate dated 30-3-1990 certifying that the petitioner studied in that school from VII to VIII class during the period of 1945 to 1947 and that the date of birth of the petitioner is 1-7-1933. As the petitioner sent a representation relying upon the E.S.L.C. Certificate, the commissioner of Endowments requested the comissioner for Government Examinations A.P. Hyderabad to furnish the requisite particulars, and the Joint Secretary to the Commissioner for Government Examinations furnished the particulars recording to which the date of birth of petitioner is 1-7-1928. How the petitioner studied in two schools at a time is left in doubt. Basing on the particulars furnished by a Additional Joint Secretary the petitioner was sought to be retired.

(2.) Since new material has been obtained by the Commissioner of Endowments behind the back of the petitioner, the respondents are directed to issue a show-cause notice to the petitioner furnishing the information that has been obtained by them to the effect that the petitioner's date of birth is 1-7-1928, conduct an enquiry and complete the same within three months from today. Till then the petitioner shall continue in service. The petitioner is also directed to submit his explanation within one week from the date of receipt of the show-cause notice from the respondents.

(3.) The Writ Petition is disposed of accordingly. No Costs. Advocate's fee Rs. 250/