K.PADMAVATHI Vs. STATE OF A.P.

JUDGEMENT

(1.) The present writ petition is filed seeking a writ of mandamus by declaring that K.Srinivasa Murthy was entitled to be continued in service till 30/11/2008 based on the original entry of date of birth as 9/11/1942 and seeks a consequential direction to the respondents to recalculate and pay the terminal benefits of K.Srinivas Murthy as if he was in service on the date of his death i.e., 11/11/1999 and also to re-fix the family pension and other reliefs.

(2.) The petitioners are the legal heirs of K.Srinivas Murthy who was appointed as a Lecturer in History and Politics on 23/7/1965. It is submitted that the original date of birth which was recorded in the service book of K.Srinivas Murthy was 9/11/1942 whereas in the SSLC Certificate it was mentioned as 7/10/1940. It is submitted that the date of birth was wrongly mentioned in the school register as 7/10/1940 instead of 9/11/1942. It is also submitted that the Secretary cum Correspondent accepted the entry of Registrar of Birth and Deaths and recorded the date of Birth of K.Srinivasa Murthy as 9/11/1942 in the Service Register. A copy of the said extract is filed along with the writ petition.

(3.) The learned counsel appearing for the petitioners submits that the 3rd respondent after lapse of 28 years allegedly realized when there is discrepancy in so far as registering the date of birth of K.Srinivas Murthy in the service register and filed a private complaint with the police vide Crime No.94 of 1993. The Police after preliminary investigation have closed the case as a mistake of fact.