Akula Venkata Sesha Sai, J. - (1.) This writ petition is filed under Article 226 of the Constitution of India, for the following relief: "To issue a writ Order or Direction more particularly one in the nature of Writ of Mandamus declaring action of the respondents in alteration of the Age/Date of Birth of the petitioner as 26 years as on the date of appointment i.e., 21.03.1982 instead of correct date of birth as 21.08.1963 as recorded on the Transfer Certificate issued by the School Authority with a view to retire the petitioner from service at an early date to deprive the continuity of service up to 20.08.2023 thereby issuing one year Advance Notice Advance Notice date for retirement scheduled to be on 29.02.2016 as illegal Arbitrary, unconstitutional violative of Article 14, 19(1)(g) of the Constitution of India and contrary to the procedure established under Law, contrary to Mines Act, 1952, Mines Rules, 1955, the Age Dispute and Retirement Rules of the Respondent Company consequently direct the respondents duly follow the correct date of birth as 21.08.1963 as was recorded on School leaving Certificate which Educational qualifications were duly acknowledged/recorded in the service records were duly acknowledged and was recorded in the service records."
(2.) According to the petitioner, he studied upto 9th Class in Dr. Ambedkar High School, Godavarikhani, Karimnagar District and on 21.3.1982 he joined service as a casual labour and he produced school leaving certificate issued by the School authorities to note down his qualification and date of birth as 21.8.1963 at the time of his appointment and in view of the same, he was under the impression that he would continue in service till 20.8.2023 and that he is working as Pump Operator since 1.9.2015. The Respondent Corporation issued one year notice vide Ref No. RG2/OC3(0)/217/DY.PM/353 dated 19.1.2015, informing the petitioner that he would be attaining the age of superannuation i.e. 60 years as on 8.2.2016 and would be retiring with effect from 29.2.2016. The said order is under challenge in the present writ petition.
(3.) A counter affidavit is filed on behalf of the respondents, denying the averments and allegations made in the writ affidavit and in the direction of justifying the impugned action.;