G CHAKRAPANI Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) HEARD the learned Counsel for the petitioner and the learned Counsel for the respondents.

(2.) IT is the case of the petitioner that he was initially appointed as Junior Assistant in the month of August, 1965 in the registration Department, thereafter he was promoted as Senior Assistant in the year 1980 and as Sub-Registrar in the year 1985. The date of birth of the petitioner was entered in the school record as well as in the Service Record as 1. 8. 1941. However, after completing 16 years of service that, too, after getting two promotions, the petitioner made applications to the Director of School Education on 28. 3. 1981 and on 4. 12. 1995 stating that he has studied in government Upper Primary School, hanumkonda and though his date of birth was noted in the Admission Form as 1. 8. 1945, his date of birth was entered in the admission register vide its No. 2524 as 1. 8. 1941. The Director of School Education called for remarks from the District educational Officer, Warangal and the district Educational Officer, Warangal in turn called for the remarks from the Head master, Government Upper Primary School, hanumakonda. The Head Master, government Practising Upper Primary school, Hanamkonda addressed a letter dated 18. 12. 1995 to the District Educational officer stating that in the admission form, the date of birth was mentioned as 1. 8. 1945 but in the admission register of the school, the date of birth was entered as 1. 8. 1941. Similar report was given to the District educational Officer by the Deputy educational Officer and basing on the said reports, the District Educational Officer vide his letter in R. C. No. 33/b1/95-96 dated 20. 12. 1995 addressed the Commissioner, directorate of School Education recommended for correction of date of birth as 1. 8. 1945 instead of 1. 8. 1941. The Director of School education, Hyderabad recommended for correction of the entry in Higher Secondary certificate. Accordingly the Additional Joint secretary to the Commissioner of government Examinations, Andhra Pradesh, hyderabad vide its letter dated 31. 7. 1998 altered the date of birth from 1. 8. 1941 to 1. 8. 1945 in the H. S. C certificate of the petitioner. It is stated that in the school records the date of birth of the petitioner was altered but the Government vide its memo No. 47097/regn-I (1)/98-2 dated 5. 8. 1998 rejected the proposal of the commissioner and Inspector General of registration and the Stamps, Andhra pradesh, Hyderabad for change of date of birth of the petitioner from 1. 8. 1941 to 1. 8. 1945 in the service record. The said memo reads as follows:

(3.) THE said Memo was challenged by the petitioner before the learned A. P. Administrative Tribunal, Hyderabad in OA no. 7267 of 1998 and the learned Tribunal by the impugned order dated 29. 7. 1999 dismissed the OA.