A.V. SESHA SAI, J.

1. This writ petition is filed under Article 226 of the Constitution of India, for the following relief:-

“To issue a writ Order or Direction more particularly one in the nature of Writ of Mandamus declaring action of the respondents in alteration of the Age/ Date of Birth of the petitioner as 26 years as on the date of appointment i.e. 21.03.1982 instead of correct date of birth as 21.08.1963 as recorded on the Transfer Certificate issued by the School Authority with a view to retire the petitioner from service at an early date to deprive the continuity of service up to 20.08.2023 thereby issuing one year Advance Notice Advance Notice date for retirement scheduled to be on 29-02.2016 as illegal Arbitrary, unconstitutional violative of Article 14, 19(1)(g) of the Constitution of India and contrary to the procedure established under Law, contrary to Mines Act, 1952, Mines Rules, 1955, the Age Dispute and Retirement Rules of the Respondent Company consequently direct the respondents duly follow the correct date of birth as 21.08.1963 as was recorded on School leaving Certificate which Educational qualifications were duly acknowledged/recorded in the service records were duly acknowledged and was recorded in the service records”

2. According to the petitioner, he studied upto 9th Class in Dr.Ambedkar High School, Godavarikhani, Karimnagar District and on 21.3.1982 he joined service as a casual labour and he produced school leaving certificate issued by the School authorities to note down his qualification and date of birth as 21.8.1963 at the time of his appointment and in view of the same, he was under the impression that he would continue in service till 20.8.2023 and that he is working as Pump Operator since 1.9.2015. The Respondent Corporation issued one year notice vide Ref No. RG2/OC3(0)/217/DY.PM/353 dated 19.1.2015, informing the petitioner that he would be attaining the age of superannuation i.e. 60 years as on 8.2.2016 and would be retiring with effect from 29.2.2016.

The said order is under challenge in the present writ petition.

3. A counter affidavit is filed on behalf of the respondents, denying the averments and allegations made in the writ affidavit and in the direction of justifying the impugned action.

4. Heard Sri Srinivasa Rao Putluri, learned counsel for the petitioner and Sri J.Srinivasa Rao, learned Standing Counsel for the Respondent Organization apart from perusing the material available on record.

5. Submissions/contentions of the learned counsel for the petitioner:

(1) The very mention of petitioner's date of birth in service and identity card as 26 years as on 8.2.1982 (date of appointment) is ex-facie illegal and all other records simply carried the same in a mechanical manner.

(2) Non availability of form "O" i.e. initial medical examination under the Mines Rules is fatal to the case of the respondents.

(3) The non recording of date of birth as per transfer certificate is untenable.

(4) The service and identity card was prepared on 17.1.1990 i.e., after (8) years of the joining of the petitioner, as such, no sanctity nor credence can be given to the same.

(5) The "B" register of 1999 has no relevance at all.

In support of his submissions and contentions learned counsel places reliance on:

1. M/s Bharat Coking Coal Ltd. and others v. Chhota Birsa Uranw, (AIR 2014 SC 1975)

2. B. Komaraiah v. The Singareni Collieries Co. Ltd. and another, (1992 (2) ALT 198)

6. Submissions/contentions of the learned Standing Counsel for Singareni Collieries Company Ltd.

(1) No illegality nor there exists any infirmity in the impugned action, as such, the writ petition is not maintainable under Article 226 of the Constitution of India and the petitioner is not entitled for any relief from this Court.

(2) The request of the petitioner is a belated one and is liable to be rejected on the solitary ground of delay.

(3) At the time of appointment, petitioner did not produce any proof of age and he was examined by Co