M CHALAPATI RAO Vs. HIGH OF ANDHRA PRADESH

JUDGEMENT

(1.) AGGRIEVED by the orders of the 1st respondent in not correcting the records of the 1st respondent, insofar as the date of birth of the petitioner is concerned, in conformity with the service register of the petitioner, the present writ petition has been filed.

(2.) THE petitioner is now in the rank of additional District and Sessions Judge. Pursuant to the notification issued by the andhra Pradesh Public Service Commission for direct recruitment to the posts of District munsif, (Junior Civil Judge), the petitioner was selected and appointed as District munsif vide G. O. Ms. No. 68 dated 23-2-1987 and that the petitioner was posted as ii Additional District Munsif, Machilipatnam and assumed charge as such on 1-4-1987. According to the petitioner, at the time of submission of applications, in the year 1986, he mentioned his date of birth as 20-6-1950 in the application form submitted to the A. P. Public Service Commission, since at that time the University certificates mentioned the said date as his date of birth. The petitioner's case is that while he was practising as an Advocate, he came to know that the date of birth entered in the University record was incorrect and in fact he was born on 22-10-1953, at St. Joseph's Hospital, guntur and therefore, after verifying the necessary records, he filed suit O. S. No. 345 of 1986 on the file of the District Munsif, sattenapalli for declaration of his date of birth as 22-10-1953 i. e. prior to his joining the duty. In the said suit, the petitioner impleaded both the Andhra University, visakhapatnam, from where he passed matriculation, P. U. C. and B. Sc. examinations and the Nagarjuna University from where he obtained his Law Degree as defendants 1 and 2. After contest, the suit was decreed declaring his date of birth as 22-10-1953. Accordingly, Andhra University, by its proceedings dated 24-1-1987 had corrected his date of birth and issued the revised certificate, showing the date of birth as 22-10-1953.

(3.) IT is further averred by the petitioner that on selection and appointment as per g. O. Ms. No. 68 dated 23-2-1987, the High court posted the petitioner as II Additional munsif Magistrate, Machilipatnam. The district Judge, Machilipatnam to whom the petitioner reported for duty on 1-4-1987, and who is the authority competent to maintain the Service Register, sought for his declaration as to his date of birth and based upon the records produced by the petitioner including the amended certificates of the university had recorded the date of birth as 22-10-1953. The petitioner states that he also submitted a representation dated 22-3-1987 before joining the service bringing the aforesaid facts to the office of the High Court to treat the date of birth as 22-10-1953 in the records of the High Court. The date of birth was recorded as 22-10-1953 in the service register as per the revised date of birth certificate issued by the University authorities, by the District Judge, machilipatnam. Thus in accordance with the rules governing the issue, the date of birth as entered in the service records had become final and the same is binding on the petitioner and his employer.