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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
SUREPALLI NANDA, J.
G. Rajamouli – Petitioner
Versus
Andhra Pradesh State Road Transport Corporation – Respondent
W.P. No. 3754 of 2013
Decided On : 08-08-2022
Writ Petition - Date of Birth Discrepancy - Road Transport Corporation Act, 1950, Section 45(1), A.P. State Road Transport Corporation Employees' Service (Regulations), 1964 - 19(1) - The court discussed the petitioner's claim for correction of date of birth, the respondent's counter affidavit, and relevant legal provisions. The court emphasized the importance of conclusive evidence and the need to prove real injustice for correction of date of birth, especially at the fag end of service. The court dismissed the writ petition, citing the petitioner's belated dispute and lack of substance in the contentions.
Fact of the Case:
The petitioner sought correction of date of birth discrepancy in service records, claiming it to be contrary to the original SSC certificate. The respondent countered with evidence of recorded date of birth and the petitioner's failure to submit original SSC certificate despite repeated reminders. The petitioner's claim for correction was made at the fag end of his service, leading to the dismissal of the writ petition.
Finding of the Court:
The court found that the petitioner's claim for correction of date of birth lacked conclusive evidence and was raised belatedly, without proving real injustice. The court dismissed the writ petition, emphasizing the need for a clear case and real injustice for correction of date of birth, especially at the fag end of service.
Issues: Discrepancy in date of birth, submission of original SSC certificate, belated dispute, conclusive evidence for correction of date of birth
Ratio Decidendi: The court emphasized the need for conclusive evidence and proof of real injustice for correction of date of birth, especially at the fag end of service. The petitioner's belated dispute and lack of substance in the contentions led to the dismissal of the writ petition.
Final Decision: The writ petition was dismissed, and no costs were awarded. The court found no substance in the petitioner's contentions and emphasized the importance of conclusive evidence and proof of real injustice for correction of date of birth, especially at the fag end of service.
ORDER :
1. Heard Smt. K. Udaya Sri, learned counsel for the petitioner and Ms. Usha Kiran, learned counsel representing the learned Standing Counsel for the respondents’ corporation.
2. The petitioner filed this writ petition to issue an order, direction or writ particularly one in the nature of Writ of Mandamus or any other appropriate writ declaring the action of the respondents in retiring the petitioner from service on 28.02.2013 vide proceedings/notification No. 1/693(10)/2012-KRZ, dated 05.09.2012 as illegal, arbitrary and contrary to Clause 19(1) of APSRTC Employees (Service) Regulations,1964 and consequently direct the respondents to continue the petitioner till February, 2013 in service while treating the date of birth of the petitioner as 04.02.1959.
3. The case of the petitioner, in brief, is as follows:
(b) The petitioner applied for the post of Conductor and selected for the same and that he joined into service in the year 1984 by submitting SSC original certificate and other relevant documents as required by the authorities.
(c) The petitioner was promoted as Junior Assistant and posted at Deputy Chief Accounts Officer under the control of Deputy Chief Personnel Manager, Karimnagar.
(d) In the month of April, 2012, he was given pay slip, wherein date of birth was shown as 04.02.1955 instead of 04.02.1959. At no point of time, the petitioner has been informed that his date of birth was entered in the service record as 04.02.1955. Till March, 2012 there was no practice of entering the date of birth in the pay slips. Immediately after receiving the pay slip for the month of April, 2012, the petitioner approached the authorities concerned requesting to change his date of birth in the pay slip, where it was mistakenly printed or mentioned as 04.02.1955. But the authorities have not changed the same. Therefore, the petitioner made a representation on 18.06.2012 requesting to rectify the date of birth. Instead of rectifying the date of birth the respondent corporation issued proceedings dated 10.07.2012 stating that on verification of petitioner’s personal records, the date of birth is recorded in service register and appointment orders as 04.02.1955 and that there are no educational certificates either Xerox or originals available with the corporation.
(e) The petitioner made representation to the respondent corporation that he has submitted SSC certificate dated 10.09.1974 at the time of joining and at no point of time he has been asked for production of the same and all the original certificates including SSC certificate is with the respondent corporation.
(f) The petitioner was advised by the respondent corporation to submit attested Xerox copies of the certificates. Since gazetted officer will not attest the Xerox copy without original documents, he produced Xerox copy of SSC certificate. Without considering the explanation submitted by the petitioner, again Respondent Corporation issued proceedings dated 24.08.2012 to submit SSC marks memo/educational certificates, wherein date of birth is recorded, within three days, in person, in original or Xerox duly attested by the Unit Officer. Since the petitioner has submitted original certificates at the time of joining service and the available Xerox copies submitted earlier, he is not having any certificates.
(g) However, the respondent corporation issued proceedings dated 05.09.2012 that the petitioner is attaining the age of superannuation of 58 years on 03.02.2013 A.N. as his date of birth as per the records is 04.02.1955 and the said proceedings are wholly illegal and arbitrary.
(h) Section 45(1) of Road Transport Corporation Act, 1950, the Government has framed regulation ca
The main legal point established in the judgment is the requirement for irrefutable proof and timely requests for correction of date of birth in service records, as well as the limitations on seeking....
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.
Correction of date of birth in service records is not a matter of right and is subject to procedural and timely constraints, particularly if raised at the fag end of service.
The date of birth recorded in the HSC pass certificate should be taken as conclusive for all purposes, overriding earlier recorded dates in service records, particularly when the employee has consist....
The court ruled that corrections to an employee's recorded date of birth must be made promptly and substantiated by irrefutable evidence, especially when requested at the end of service.
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