R VIJAYA KUMARI Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition is filed seeking to quash the order dtd. 30/6/2008 passed in O.A.No.4374 of 2007 on the file of Andhra Pradesh Administrative Tribunal, Hyderabad.

(2.) The details relevant and necessary for deciding this writ petition are that the petitioner herein filed the above O.A. challenging the Government Memo No.2566/Estt.A1/2006, dtd. 16/7/2008 by which her request for correction of date of birth was rejected. The case of the petitioner is that she was appointed as Balwadi teacher on 6/8/1979 vide proceedings dtd. 30/7/1979 issued by fourth respondent and the said post was converted as Supervisor and that her date of birth as per Secondary School Certificate is 17/9/1955, whereas in the provisional seniority list issued by fourth respondent, it was mentioned as 4/2/1953. It is the case of the petitioner that she had submitted a representation on 26/8/2000, along with Secondary School Certificate, to the second respondent informing that her correct date of birth is 17/9/1955, but due to clerical error, it was wrongly recorded as 17/9/1950 in the service register. The petitioner submits that when the seniority list was published, her date of birth was wrongly shown and she made a representation again on 10/2/2001, which was rejected vide proceedings dtd. 26/6/2002 issued by the second respondent and the same was challenged in O.A.No.9054 of 2002. The said O.A. was disposed of directing the respondent concerned to consider the representation and pass orders, pursuant to which the order in O.A.No.4374 of 2007 had been passed confirming the rejection of the representation. The official respondents mainly contended that the date of birth of the petitioner was recorded as 17/9/1950 in the service register and after putting in nearly 20 years of service, she seeks correction of date of birth in the service book, that too at the fag end of her service. The Tribunal after considering the rival contentions, held that the petitioner has not sought the said correction within reasonable time and she made a representation in the year 2001, which is about 22 years after her appointment and 17 years after Andhra Pradesh Public Employment (Recording and Alteration of Date of Birth) Rules, 1984 came into force and accordingly dismissed the O.A. Hence, this writ petition is filed by the applicant.

(3.) Heard learned counsel for the petitioner and learned Government Pleader appearing for respondents and perused the record.