(1.) This writ petition is filed challenging the action of the respondents in not changing the date of birth of the petitioner in his service record as per the Medical certificate, dated 15.07.2014 issued by the Osmania General Hospital, Hyderabad, as illegal and arbitrary and further direct the respondents to pay the salary from 31.03.2017 till his legal superannuation date along with other statutory benefits as the petitioner is a deemed employee of the respondent company.
(2.) Heard Sri Ch.Venkat Raman, learned counsel for the petitioner and Sri J.Sreenivasa Rao, learned standing counsel for Singareni Collieries - respondents 1 to 3.
(3.) It is the case of the petitioner that he joined in the service and worked as Tyndol in the 1st respondent company at Goutham Khani, Kothagudem, Khammam District and his brother is also working in the respondent company, who is five years elder than him, but in the company records his age is wrongly noted as 20.03.1957 instead of 03.07.1962. As per the Transfer Certificate and other educational certificates, the original date of birth of the petitioner is 03.07.1962. After noticing the mistake of date of birth as 20.03.1957, the petitioner made an application to the respondents for correction of his date of birth in his service register. On 03.09.2013, the respondents directed the petitioner to appear before the Age Determination Committee for determination of his age and thereafter, they referred to the Superintendent, Osmania General Hospital, Hyderabad on 25.06.2014 to assess the age of the petitioner through Forensic Medicine Department. The said hospital authorities examined the petitioner on 15.07.2014 and by letter dated 09.07.2014 they informed that the age of the petitioner as on 15.07.2014 is 55 years. However, even after receiving the letter from the said hospital, the respondents did not act upon. Therefore, the petitioner made an application to the respondent company on 21.03.2017 to correct the date of birth in his service records and he is going to retire on 30.07.2017. But the respondents have not changed the date of birth in the service record.