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2025 Supreme(Online)(Tel) 38330
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
Surepalli Nanda, J
Vasam venkateswar Reddy I.A.S. – Appellant
Versus
Director of State Audit – Respondent
WRIT PETITION No.20324 OF 2023
Important Points
Subject
Service Law - Correction of Date of Birth
Act Referred
Constitution of India: Art.14, Art.16, Art.21, Art.226
All India Services (Death-cum-Retirement Benefits) Rules, 1958: R.16-A
Fundamental Rules: S.FR 56
Headnote
(B) Administrative Law - Duty to act fairly - Rejection of representation for alteration of date of birth without application of mind - Order passed in a routine manner without examining material on record regarding the timely submission of the initial representation - Violation of principles of natural justice - High Court directed reconsideration of the representation with an opportunity for personal hearing. (Paras 8, 9, 11)
Facts of the case:
The petitioner, appointed as an Assistant Audit Officer in 1997, filed a representation for the correction of his date of birth within a month of his appointment as per the 1984 Rules. Decades later, after his promotion to the Indian Administrative Service, his requests for the same were rejected by state and central authorities, claiming the request was time-barred and the recorded birth date had attained finality.
Findings of Court:
The court found that the rejection was contrary to record, as the petitioner had indeed submitted his request within the statutory timeframe in 1997. The authorities' failure to act on the initial representation and the subsequent rejection in 2023 was deemed arbitrary and illegal.
Issues: Whether the denial of the petitioner's request for alteration of his date of birth was arbitrary and contrary to the governing statutory rules.
Ratio Decidendi: An administrative authority is obligated to objectively determine a request for the alteration of date of birth in accordance with statutory provisions, specifically the 1984 Rules, and failure to acknowledge a timely-filed declaration constitutes a failure to exercise power correctly, warranting judicial intervention.
Result: Petition allowed.
For the Appellants/Petitioners: Sri P.V. Krishnaiah
For the Respondents: Government Pleader, Sri G. Venkateshwarlu
| Table of Content |
|---|
| 1. petitioner challenges birth date correction rejection based on timely 1997 application. (Para 1 , 2 , 3) |
| 2. evidence and arguments regarding administrative handling of date change representations. (Para 4 , 5 , 6) |
| 3. courts must ensure administrative actions follow statutory rules and record evidence fairly. (Para 7 , 8 , 9 , 10) |
| 4. writ petition allowed with instructions for reconsidered decision. (Para 11) |
ORDER:
Heard Sri P.V. Krishnaiah, learned counsel appearing
on behalf of the petitioner, learned Government Pleader,
appearing on behalf of the respondent Nos.1 to 5 and Sri
G. Venkateshwarlu, learned counsel for Central
Government, appearing on behalf of respondent No.6.
2. The petitioner approached the Court seeking prayer
as under:
“…to issue a Writ, Order or Direction, more particularly one
in the nature of a writ of Mandamus under Article 226 of the
Constitution of India, declaring the letter No.25015/02/2020
- AIS - II(Pension) dated 13/01/2023 issued by the 6th
respondent, which was communicated by the 5th
respondent by Memo No.768/Spl-A/A1/2020 dated 8.2.2023
including letter No.768/Spl-A-A1/2020-1 dated 14.11.2022
addressed by the 5th respondent to 6th respondent, as
arbitrary, illegal, unconstitutional violating Articles 14, 16
and 21 of the Constitution of India and contrary to Rule 2 of
Andhra Pradesh/Telangana Public Employment (Recording
and Alteration of Date of Birth), Rules 1984, issued in
G.O.Ms No.165 Finance and Planning Department dated
21.4.1984 as held by the Honourable Supreme Court in
Case of High Court of Andhra Pradesh vs. N. Sanyasi Rao
reported in 2012(1) SCC 674 and set aside the same and
issue consequential direction to direction to the respondents
to forthwith correct/alter, re-enter the date of birth of the
petitioner from 21.04.1967 to 21.04.1969 in the service
register of the petitioner and further direct the respondents
to continue the petitioner till attaining the age of
superannuation based on the date of birth of the petitioner
as 21.04.1969 instead of 21.04.1967 with all consequential
benefits, and pass...”
3. The case of the petitioner in brief, is that the petitioner
was appointed on 01.12.1997 as Assistant Audit Officer by
APSCC under Group-I Services under the jurisdiction of the 1st
respondent. When 1st respondent recorded the date of birth of
the petitioner as 21.04.1967, the petitioner made a
representation on 27.12.1997 i.e., within one month from the
date of his appointment as per Rule 2 of Andhra
Pradesh/Telangana Public Employment (Recording and Alteration
of Date of Birth) Rules, 1984 seeking change of petitioner’s date
of birth as 21.04.1969 instead of 21.04.1967. However, the
authorities had not taken any action on the said representation.
Later on the petitioner got selected by then APPSC under Group
I Services and appointed as Deputy Collector on 25.01.2007 and
subsequently on 14.02.2007 the petitioner made a
representation to the then Chief Commissioner of Land
Administration, A.P., Hyderabad for change of petitioner’s Date
of Birth as 21.04.1969 instead of 21.04.1967. The petitioner
also made a representation to the 6th respondent including Chief
Secretary to Government, Telangana State with a request to
change his Date of Birth as 21.04.1969, however to the surprise
of the petitioner the 6th respondent issued letter vide letter
No.25015/02/2020-AIS-II (Pension) dated 13.01.2023 which
was communicated by the 5th respondent by Memo No.768/Spl-
A/A1/2020, dated 08.02.2023 including letter No.768/Spl-A-
A1/2020-1, dated 14.11.2922, rejecting the request of the
petitioner. Aggrieved by the same, petitioner presented the
present writ petition.
4. PERUSED THE RECORD:-
(A) The order impugned dated 13.01.2023 issued by
Secretary to Department of Personnel and Training
Ministry of Personnel, Public Grievances and Pensions
Government of India, is extracted hereunder:-
North Block, New Delhi,
Dated 13.01.2023
To
The
Chief Secretary,
Central Administration (S
