ORDER

Anil Kumar Jukanti, J. - Mr. M. Surender Rao, learned Senior Counsel for petitioner.

Ms. V. Uma Devi, learned Standing counsel for the Telangana High Court.

Mr. K. Vivek Reddy, learned Senior Counsel and Amicus Curiae for respondent.

2. The writ petition is filed praying to grant the following reliefs:

i) to declare the proceedings issued in Rc.No.702/1998-B2, dated. 21.03.2012 communicating the decision of the Hon'ble Court wherein and whereby rejecting the case of the petitioner by determining his date of birth as 01.07.1949, as illegal and arbitrary,

ii) to declare the petitioner's date of birth as 29.05.1953, but not as 01.07.1949.

iii) that petitioner is entitled for all consequential benefits by determining his date of birth as 29.05.1953.

iv) declare proceedings issued in order ROC.No.702/1998-B1, dated 26.03.2012 of 1st respondent rejecting the case of the petitioner for determination of date of birth as 29.03.1953 as illegal and arbitrary.

3. Brief facts:

The petitioner applied for the post of District Munsif on 17.12.1983 and in the application, he mentioned the date of birth as 01.07.1949. He was selected to the post of District Munsif, joined service on 17.10.1985 vide G.O.Ms.No.435, Home (Court.C) Department, dated 21.08.1985,.

4. An application/representation, dated 22.08.1989, was made to the High Court (through the District Judge, Srikakulam) stating that prior to entry into services, he filed a suit in O.S.No.61 of 1983 before the District Munsif, Chodavaram, for alteration of date of birth as 29.03.1953 instead of 01.07.1949 and the Court decreed the suit in his favour. At the time of opening the Service Register, on the basis of Birth Extract produced before the then District Judge, Visakhapatnam, his date of birth was entered as 29.03.1953. The Government of Andhra Pradesh issued G.O.Rt.No.1739, Education (ECI) Dept., dated 09.12.1988, directing to make necessary corrections in Higher Secondary Leaving Certificate (HSLC) Register. The change in date of birth was carried out in the said Register. In the application/representation, petitioner requested to record his date of birth in all records as 29.03.1953 instead of 01.07.1949.

5. The matter was placed before the Administrative Committee of the Hon'ble Judges and the Committee of Hon'ble Judges resolved as follows:

'CONSIDERED', and since it is found that entry in respect of the Date of Birth in the Service Records has been made on the basis of the representation of the concerned officer/officers and materials produced including decrees of Civil Courts do not inspire confidence, resolved that representations for alteration of dates of birth be rejected.'

6. The said decision of the Hon'ble Judges Committee was informed to the petitioner vide letter dated 11.11.1997. Challenging the order dated 11.11.1997 in Roc.No .4518/97-B1, a Writ Petition bearing No. 930 of 2002 was filed. The High Court vide order dated 06.02.2002 allowed the writ petition to change the date of birth from 01.07.1949 to 29.03.1953. Matter was carried in appeal to the Hon'ble Supreme Court vide C.A.No. 6964 of 2004. The Hon'ble Apex Court disposed of the appeal by the following order.

a) The High Court on the administrative side shall determine the Judicial Officer's date of birth in accordance with Rule 2 of the 1984 Rules.

b) The above exercise shall be completed within four months from the date of communication of this order.

c) In case the Judicial Officer's date of birth is determined as March 29, 1953 as appropriate order for his reinstatement with all consequential benefits shall be issued as early as may be possible and in no case later than two weeks from the date of such determination.

7. In compliance with the directions of the Hon'ble Supreme Court, matter was placed before the Administrative Committee on 26.12.2011 and the Committee resolved requesting the Hon'ble Hon'ble Shri Ashtosh Mohantha to look into the matter and submit a report. It is pertinent to extract the A.P. Public Emplo