KHAJA KHUTUBUDDIN Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This writ petition is filed seeking a Writ of Mandamus, declaring the action of respondents in retiring the petitioner with effect from 30.04.2018, as illegal, arbitrary, unjust and against the letter dated 26.02.2018 confirming the date of birth of the petitioner as 02.04.1961, and accordingly set aside the same and sought a consequential direction directing the respondents to continue the petitioner in service till 30.04.2019, by taking the date of birth of the petitioner as 02.04.1961.

(2.) Heard Sri K.R.Srinivas, counsel for petitioner and the Government Pleader for Home, appearing for respondents.

(3.) It has been contended by the petitioner that he was appointed as a Fireman on 05.05.1979 and later on, after rendering considerable length of service, he was promoted as Leading Fireman on 07.04.2011. The petitioner had submitted that at the time of his appointment, his date of birth was rightly entered as 02.04.1961. The petitioner further submitted that even in his SSC Certificate also, the date of birth was recorded as 02.04.1961. He submits that as per his driving licence also, his date of birth is 02.04.1961, but the respondents have erroneously recorded his date of birth as 02.04.1960. The 4th respondent has addressed a letter to the Additional Joint Secretary to the Director of Government Examinations, Telangana to confirm whether the date of birth of the petitioner is 02.04.1960 or 02.04.1961. In response to the same, the Additional Joint Secretary to the Director of Government Examinations, Telangana has replied vide his letter dated 26.02.2018 confirming the date of birth of the petitioner as 02.04.1961. In spite of such clarification being issued by the Additional Joint Secretary to the Director of Government Examinations, Telangana, the respondents have issued proceedings dated 24.04.2018 to the effect that the petitioner would be retiring with effect from 30.04.2018 on attaining the age of superannuation. Counsel for petitioner contend that the date of birth of the petitioner was altered by the respondents without giving any opportunity or notice to the petitioner, therefore, counsel for petitioner contends that the impugned action of respondents in retiring the petitioner with effect from 30.04.2018 be set aside and petitioner be continued in service till 30.04.2019.