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2013 Supreme(AP) 307

ASHUTOSH MOHUNTA, B.N.RAO NALLA
S. Ram Manohar – Appellant
Versus
Union of India, rep. by the Deputy Commissioner – Respondent


Advocates Appeared:
For the Petitioner:V.R. Balachary, Advocate.
For the Respondents:B. Narasimha Sarma, Advocate.

Judgment :-

B.N. Rao Nalla, J.

This writ petition is filed for a writ of Certiorari calling for the records relating to the order dated 05.10.2012 passed by the Central administrative Tribunal, Hyderabad Bench (for short ‘the Tribunal’) in O.A. No.866 of 2012, and to quash the same by declaring the action of the respondents in prematurely retiring the petitioner from service as contrary to law, and consequently direct the respondents to correct the entry relating to the date of birth of the petitioner in the service record as 08.07.1954 with all attendant benefits including reinstatement into service.

2. The brief facts of the case of the petitioner are that he was appointed on 22.12.1975 as Lower Division Clerk with the respondents, thereafter he was promoted as Upper Division Clerk and subsequently he was promoted as Assistant. The date of birth of the petitioner was recorded as 08.07.1952 in service register. The petitioner came to know through his mother that his actual date of birth is 08.07.1954. The petitioner approached the schools where he studied. His date of birth was wrongly entered as 08.07.1952 instead of 08.07.1954, in transfer certificate issued by Government Primary









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