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M. Krishna Murthy Vs. Superintendent of Post Offices, Secunderabad Divisions, Begumpet, Hyderabad

M. Krishna Murthy vs Superintendent of Post Offices, Secunderabad Divisions, Begumpet, Hyderabad

Type Court Judgment Court Andhra Pradesh Decided Jan 18, 2001
~2 min read
https://sooperkanoon.com/case/428303

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Citation
Court
Andhra Pradesh High Court
Judge
Decided On
Case Number
WP No. 419 of 2001
Subject
Service

Case Summary

AI-generated summary - not the official court judgment text.

Service - correction in date of birth - petition filed for change in date of birth on basis of 'janma patri' after 33 years from joining date - any such application at time of retirement cannot be entertained. -

Key legal issue
Service

Parties & Advocates

Appellant / Petitioner

M. Krishna Murthy

Advocate Mr. B. Ramana Murthy, Adv.

Respondent

Superintendent of Post Offices, Secunderabad Divisions, Begumpet, Hyderabad

Legal References

Reported In
2001(1)ALD559; 2001(1)ALT648

Excerpt

service - correction in date of birth - petition filed for change in date of birth on basis of 'janma patri' after 33 years from joining date - any such application at time of retirement cannot be entertained. - .....the notification dated 22-11-2000.2. the petitioner's discovery of what he assumes in his correct date of birth, 33 years, after his entry into service, does not entitle him to correction of his date of birth that too on the basis of his 'janma patrika'. it is settled principle of law that an application for correction for date of birth belatedly made and on the eve ofretirement need not be entertained by the employer - vide union of india v. harnam singh, : (1994)illj318sc ; burn standard company, limited v. dinabandhu majumdar, : [1995]3scr712 ; secretary and commissioner, home department v. r. kirubakaran. 1994 supp. (1) scc 155; state of tamil nadu v. t.v. venugopalan, : (1994)6scc302 ; chief medical officer v. khadeer khadri, : [1995]1scr175 ; union of india v. kantilal hematram pandya, : (1995)iillj659sc ; collector of madras v. k. rajamaickam, 1995 (2) slr 26.3. the respondent has thus committed no error in issuing the impugned notification declining to accept the plea of the petitioner for correction of his date of birth. the writ petition is thus seen to be without merit and is accordingly dismissed at the stage of admission. no orders as to costs.

Full Judgment

1. The petitioner entered into service on 12-6-1967 as Extra Department Branch Postmaster (EDBPM) at Ponnal Branch PO, RR District. At the time of entry into service he gave his date of birth as 20-2-1936. The petitioner states that while he was going through some old records he discovered his 'Janma Patrika', which showed his date of birth as 20-2-1938. On discovery of the above fact, the petitioner submitted a representation in November, 2000 seeking correction of his date of birth in service records from 1936 to 1938. Without disposing of the said representation the respondent has, by notification dated 22-11-2000, called for applications for filling up of the post of EDBPM for Ponnal village, is the grievance. The petitioner, admits that if his date of birth is 1936 then he would be due to retire in 2001 on attaining the age of 65 years. He, however, contends that since his date of birth is 1938 he is entitled to continue upto 2003. He assails the inaction of the respondents in disposing of his representation for correction of his date of birth and also the conduct in issuing the notification dated 22-11-2000.

2. The petitioner's discovery of what he assumes in his correct date of birth, 33 years, after his entry into service, does not entitle him to correction of his date of birth that too on the basis of his 'Janma Patrika'. It is settled principle of law that an application for correction for date of birth belatedly made and on the eve ofretirement need not be entertained by the employer - vide Union of India v. Harnam Singh, : (1994)ILLJ318SC ; Burn Standard Company, Limited v. Dinabandhu Majumdar, : [1995]3SCR712 ; Secretary and Commissioner, Home Department v. R. Kirubakaran. 1994 Supp. (1) SCC 155; State of Tamil Nadu v. T.V. Venugopalan, : (1994)6SCC302 ; Chief Medical Officer v. Khadeer Khadri, : [1995]1SCR175 ; Union of India v. Kantilal Hematram Pandya, : (1995)IILLJ659SC ; Collector of Madras v. K. Rajamaickam, 1995 (2) SLR 26.

3. The respondent has thus committed no error in issuing the impugned notification declining to accept the plea of the petitioner for correction of his date of birth. The writ petition is thus seen to be without merit and is accordingly dismissed at the stage of admission. No orders as to costs.

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