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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MAHESWARA RAO KUNCHEAM
Sankarappa – Appellant
Versus
APSPDCL Chairman MD Tirupati – Respondent
| Table of Content |
|---|
| 1. writ petition seeks correction of date of birth. (Para 1 , 2) |
| 2. petitioner’s employment history and claims regarding birth date. (Para 3 , 4 , 5 , 6 , 7) |
| 3. respondents' counter on birth date administrative procedures. (Para 8 , 9) |
| 4. arguments regarding mala fides and procedural adherence. (Para 12 , 13 , 14 , 15) |
| 5. core issues presented for judicial consideration. (Para 16 , 17) |
| 6. court’s analysis of factual discrepancies regarding birth date. (Para 18 , 19 , 20 , 21 , 22 , 23) |
| 7. judicial precedent shaping correction standards for birth dates. (Para 24 , 26 , 27) |
| 8. burden of proof regarding claims of malafide actions. (Para 28 , 29 , 30) |
| 9. principle of approbate and reprobate in legal arguments. (Para 31 , 32) |
| 10. court affirms the respondent's decision. (Para 33) |
| 11. final dismissal of the writ petition. (Para 34 , 35) |
ORDER :
1. The present writ petition is instituted, seeking a declaration that the order passed by the 3rd respondent in Memo No.DEE/O/HUP/Admin./JAO2573/2016, dated 19.08.2016, refusing to change the date of birth of the petitioner at the verge of his retirement as illegal, arbitrary, and for direction to grant all the consequential benefits.
2. Heard
Claims for changes in recorded dates of birth must be raised timely; late disputes reflect intention to gain undue benefits and are generally viewed skeptically by courts.
Correction of date of birth can only be permitted in exceptional cases with irrefutable proof, and applications can be rejected on the ground of delay and laches, especially when made at the fag end ....
The main legal point established in the judgment is that requests for correction of date of birth at the fag end of a career must be supported by irrefutable proof and evidence of real injustice, and....
Requests for correction of date of birth in service records made at the end of service are not sustainable unless made within prescribed time limits and with clear evidence of error.
Any attempt to correct the date of birth in the fag-end of service is not permissible and contends that for three Decades, the petitioner has not raised any dispute with regard to his date of birth a....
Service Law – Retirement - Correction of date of birth - Deprecating any attempt to change date of birth by an employee at the fag-end of his service - Such change or correction is permissible only u....
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