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1995 Supreme(SC) 34

SUJATA V.MANOHAR, K.RAMASWAMY
Chief Medical Officer – Appellant
Versus
Khadeer Khadri – Respondent


Advocates:
T.V.S.N.Chari, URMILA SIRUR

JUDGMENT

Delay condoned.

2. Leave granted.

3. Admittedly, the respondent joined the service on November 15, 1951, and had given the date of birth as November 14, 1933. In 1991, on his making a representation to the Corporation claiming that his date of birth is July 15, 1934, his request for correction was turned down. He filed O.A. No. 48263 / 91 before the Andhra Pradesh Administrative Tribunal, Hyderabad. By the impugned order dated October 8, 1993, the Tribunal allowed the petition and directed to make the correction. Thus this appeal by special leave.

4. No doubt, sub-rule (5) of Rule 2 of the Andhra Pradesh Public Employees (Recording and Alteration of Date of Birth) Rules, 1984, provides power for correction of the bona fide mistake in recording the date of birth. It cannot be said that it is a clerical mistake. The date of birth having been given and recorded in the service register as early in 1951, it was not a bona fide mistake. The respondent claimed that he discovered the mistake in 1991 that his date of birth instead is July 15, 1934 but it was recorded as November 14, 1933. This is only a ruse to get over the bar of limitation to have the date of birth entered in the se



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