G MALAKONDA REDDY Vs. ANDHRA BANK OFFICER UNION

JUDGEMENT

(1.) The. Review Petitioner-appellant in these miscellaneous petitions is aggrieved by the observations made by the Full Bench (to which one of us - G. Bikshapathy. J. was a member) in its judgment dated 13-10-1997 to the effect that the learned Senior Counsel Mr. J.V. Suryanarayana, made a statement before the Full Bench that the appellant has accepted the verdict of the learned Single Judge on the alteration of the date of birth of his client and therefore has not availed the benefit of extension of service. The Counsel for the review petitioner who is also advocate on record for the review petitioner in the writ appeals - Mr. V. Venkataramana strenuously contends that though the Full Bench specifically framed two questions raised and argued in the writ appeals, this Court did not answer them on a wrong premise that the appellant has accepted the judgment under appeal and thus the Full Bench has not exercised its jurisdiction while deciding the appeals which constituted an error apparent on the face of the record resulting in serious miscarriage of justice.

(2.) The questions raised before the Full Bench read thus: (i) Does the petitioner in writ petition No. 15363 of 1996 - Andhra Bank Officers Union and Writ Petition No. 11873 of 1996 - Andhra Bank Depositors' Welfare Association, has locus standi to question the correction of the said entry; and (ii) Whether a correction which has been carried out in respect of date of birth of the second respondent and fourth respondent respectively in Writ Petition Nos. 15363 of 1996 and 11873 of 1996 on the basis of a decree in a civil suit - O.S.No. 170 of 1987 dated 31-8-1987 can be impugned in a collateral proceeding by way of petition under Article 226 of the Constitution of India.

(3.) The factual matrix involved in these cases reveals that the review petitioner on the advice of the Management of the Bank filed O.S.No. 170 of 1987 in a competent civil Court for correction of date of birth and correction of educational and service records and it was decreed on 31-8-1987. On an application made by the petitioner, the Bank issued a letter dated 26-12-1987 whereby and whereunder the decree of the civil Court was accepted and consequently, the date of birth of the Applicant was corrected from 1-/-1936 to /-12-1937 and accordingly the same was shown in the seniority list from 1988 onwards.