- (1.) THE petitioner joined the service of erstwhile A. P. Electricity Board as an Attender on 8. 12. 1970. He studied viii Class and produced a Transfer certificate in support of his educational qualifications. The Transfer Certificate contained the date of birth of the petitioner as 15. 3. 1952. The same was entered in his service Register. The petitioner was also subjected to Medical Examination and it appears that the Medical Officer opined that the age of the petitioner as on the date of entry into service is 20 years. The petitioner came to know in the year 1986 that his age was mentioned as 20 years in the Service Register. Immediately, he made a representation, dated 18. 12. 1986, with a request that the date of birth mentioned in transfer Certificate be treated as final. There was no response. He is sought to be retired from service with effect from 30. 6. 2008, on the ground that he attains the age of superannuation. The action of the respondents is challenged in this writ petition.
(2.) SRI A. K. Jayaprakash Rao, the learned Counsel for the petitioner, submits that on the date of entry into service itself, the date of birth of the petitioner in the service Register was mentioned as 15. 3. 1952 and that subsequently, the approximate age according to medical opinion was mentioned, without any specific date. He contends that the petitioner earned number of promotions in his career and at every stage, his date of birth was mentioned as 15. 3. 1952. Learned counsel submits that there is no justification for the respondents in proposing to retire the petitioner on 30. 6. 2008.
(3.) THE learned Standing Counsel for the respondents, on the other hand, submits that though the petitioner produced his transfer Certificate at the time of joining the service, he was subjected to Medical examination, on the ground that he did not hold the requisite qualifications. Placing reliance on certain Regulations, the learned standing Counsel submits that the petitioner was under obligation to take steps for correction of date of birth, within one month from the date of entry into service.;