M.SUDHAKAR RAO Vs. DIRECTOR OF SCHOOL EDUCATION

JUDGEMENT

(1.) The petitioner joined the service as a Para Medical Assistant in the year 1977. His date of birth in the service records was entered as 01.07.1952, on the basis of the entries in the S.S.C. records. Stating that the entry of the date of birth in the S.S.C certificate is not correct, he made a representation to the District Educational Officer, Warangal, 3rd respondent herein for correction thereof. It so emerged that the petitioner studied for some time in the Central Primary School, Peddamadur, for some time in Zilla Parishad Secondary School, Devaruppala and thereafter in the Government High School, New Kothur. The Deputy Educational Officer, Warangal submitted a report on 30.09.2003 to the effect that though the date of birth of the petitioner was entered in the records of Central Primary School, Peddamadur as 01.07.1955, it was entered as 01.07.1952 in the records of Zilla Parishad Secondary School, Devaruppala and Government High School, New Kothur and accordingly, recommended for necessary correction. It appears that the report of the Head Master, Government High School, New Kothur was not taken into account. The 3rd respondent herein passed an order, dated 05.02.2008 expressing the view that the request of the petitioner cannot be entertained.

(2.) The petitioner filed O.A.No.518 of 2010 before the A.P. Administrative Tribunal challenging the proceedings, dated 05.02.2008 issued by the 3rd respondent. He pleaded that the representation was made by him way back in the year 1972, much before he joined the service and there was no basis for not acceding to his request. During the pendency of the O.A., the petitioner retired from service in 2010. The Tribunal dismissed the O.A. through order, dated 24.01.2013. Hence, this writ petition.

(3.) Sri V.Madhusudhana Rao, learned counsel for the petitioner submits that the Deputy Educational Officer clearly recorded a finding to the effect that the date of birth of the petitioner is 01.07.1955 and that it was wrongly entered in the records of Zilla Parishad Secondary School, Devaruppala and Government High School at New Kothuru and instead of correcting the same, the 3rd respondent has passed the impugned order on wrong notion. He further submits that the petitioner was entitled to be continued in service on the basis of his date of birth as 01.07.1955.