THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION NO.18237 OF 2014 Between:-
Bhusipaka Ramchandram.
…Petitioner And The Singareni Colleries Company Limited, Singareni Bhavan, Red Hills, Lakdikapul, Hyderabad, rep.by its Managing Director and another.
…Respondents.
THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION NO.18237 OF 2014 ORDER:
Heard the learned counsel appearing for the petitioner and the learned standing counsel appearing for the respondents.
This writ petition is filed seeking to issue a writ of mandamus, directing the respondents to consider and dispose of the representation of the petitioner dated 13- 4-2014 for rectification of petitioner’s date of birth in respondent company service register as 1-4-1960 in view of the date of birth recorded in Transfer Certificate of IX Class issued by ZPHS., Ramagundam and consequently declare the inaction of the respondents in rectifying the date of birth in the company service records as bad in law and violative of principles of service jurisprudence.
The petitioner was appointed as Badli Filler in the respondent company on 24-8-1980 at V Incline, Godavarikhani. It is submitted by the petitioner that at the time of his initial appointment, he had shown his IX Class Transfer Certificate for the purpose of reckoning date of birth, but the respondents without looking into the same, subjected him to routine medical check up and entered the date of birth in his register. He further submits that subsequently, he was not allowed to look into his employment register to find out his date of birth entered by the authorities of the first respondent company. According to him, he came to know at later point of time that his date of birth was entered as 30-7-1956 instead of 1-4- 1960. The version of the petitioner is that his correct date of birth is 1-4-1960, which was entered in the school records. The petitioner further submits that he gave a representation in the year 2012 itself, which was entered in the company records with following No.RG- 1/PER/43/5310 dated 25-08-2012. Subsequent thereto, he submitted another representation to take action on the earlier representation and dispose of the same. It seems that the representations have been made long ago, but the respondents have not been disposing of the same.
The learned counsel appearing for the petitioner brought to the notice of this Court that similar representations made by some of the employees have been considered by the respondent company and they were given benefit.
In the above circumstances, the respondents are directed to consider and dispose of the representation made by the petitioner dated 25-08-2012 and determine his date of birth as per rules, within a period of eight weeks from the date of receipt of copy of this order.
With the above direction, the writ petition is disposed of. No order as to costs. The Miscellaneous Petitions pending if any shall stand closed.
R.KANTHA RAO,J Date: 03-07-2014 Shr.
THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION NO.18237 OF 2014 Date: 03-07-2014 Shr.