ORDER :

Since the reliefs claimed in both the writ petitions are inter-linked and parties are one and the same, these writ petitions are dealt with jointly and disposed of by a common order.

2. Petitioner filed W.P.No.10177 of 2020 seeking the following relief:

“… to issue a Writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction and failure of the respondents in not conducting statutory enquiry relating to the petitioner’s date of birth in the service register as per the provisions of the Registration of Births and Deaths Act, 1969 r/w Rule 2 (3) of Andhra Pradesh Public Employment (Recording & Alteration of Date of Birth) Rules, 1984 as illegal, arbitrary, unconstitutional and violative of Articles 14, 16 & 21 of the Constitution of India, and consequently command the respondents to effect necessary changes on the Service Register as to the petitioner’s date of birth i.e. to alter the petitioner’s date of birth in the service register from 01.07.1960 to 10.05.1962 and direct the respondents to continue the writ petitioner in service till he attains the age of 60 years as per corrected date of birth with all attendant service benefits in the interest of justice…”

3. W.P.No.13047 of 2020 is filed seeking the following relief:

“… to issue a Writ or order or direction more particularly one in the nature of Writ of Mandamus declaring G.O.Rt.No.546 dated 25.06.2020 issued by the 1st respondent as illegal, arbitrary, unconstitutional and violative of Articles 14, 16 & 21 of the Constitution of India, and consequently set aside the G.O.Rt.No.546 dated 25.06.2020, issued by the 1st respondent and direct the respondents to reinstate the petitioner with all attendant service benefits and also direct the respondents to provide all consequential benefits with retrospective effect in the interest of justice …”

4. (a) Facts, in brief, are that petitioner joined as Assistant Director, Survey and Land Records on 01.10.1990. At the time of joining into service, the department collected all the certificates relating to education qualification. Petitioner, later noticed that his date of birth was not entered in the service register and he submitted a written representation to the 2nd respondent on 10.06.1996 to record his date of birth in accordance with the Andhra Pradesh Public Employment (Recording & Alteration of Date of Birth) Rules, 1984 (for short “the Rules”). Petitioner also submitted extract of birth register issued by the concerned authority. 2nd respondent vide Memo No.E1/4847/96 dated 28.08.1997 intimated that his date of birth as 01.07.1960, basing on secondary school certificate of the petitioner. 2nd Respondent neither conducted enquiry nor afforded an opportunity to the petitioner to submit his explanation under Rule 2 (3) of the Rules.

(b) Aggrieved by the proceedings of 2nd respondent recording his date of birth as 01.07.1960, petitioner made a representation to the 1st respondent, who in turn issued Memo No.91795/SS.2/97-4 dated 22.06.1998 directing the 2nd respondent to conduct a fresh enquiry in accordance with the procedure laid down under Rule 2 (3) of the Rules. In spite of petitioner’s approaching 2nd respondent to conduct enquiry relating to date of birth, no enquiry was conducted.

(c) The date of birth certificate issued by the Registrar of Birth & Deaths does not contain the name of petitioner and further the in secondary school certificate the date of birth was mentioned as 01.07.1960, petitioner filed suit O.S.No.82 of 2002 on the file of Junior Civil Judge, Podili. Suit was decreed on 27.09.2004. Petitioner submitted written representation dated 11.06.2018 to conduct enquiry regarding his date of birth and to change the date of birth in service register. As per the date of birth mentioned in the service register, petitioner would be superannuated by 30.06.2020.

(d) Initially, petitioner filed W.P.No.10177 of 2020 seeking the relief referred supra and the matter was liste