WRIT PETITION 1 of 2018 on 2 June 1963

1. Andhra PradeshState Road Transport Corporation,RepbyitsManaging Director, Vijayawada, Krishna DistManaging Director, Vijayawada, Krishna Dist

2. The Regional Manager, APSRTCNellore Region, Nellore, Nellore dist.Nellore Region, Nellore, Nellore dist.

3. The Depot Manager, APSRTC, Nellore-I depot, Nellore, Nellore dist.

...RESPONDENTS

Petition under Article 226 of the Constitutionof India praying that inthe circumstances statediin the affidavit filed therewith, the High Courtmaybe pleased to issue writ, order or directionsmore in the nature of Writ ofMandamus declaring the action of therespondents herein in not correctingthe petitioner date of birth02-06-1963 as per school certificate in place of03-11-1960 by followingthe APSRTCRegulations asillegal,arbitrary,contrary to Regulations of the,corporation and contrary to Law and violationof principles of natural Justice and set aside thesameincludingtheNotificationdated01-06-2018forretirementandfurtherdirecttherespondents herein to correct the petitioner dateof birth as 02-06-1963 asper the school certificate and continue the petitioner in service till attainingthe age of superannuation asper the school Certificate 02-06-1963 withall consequential benefits, as otherwise petitioner may suffer irreparable loss"'•and hardship.

lA NO: 1 OF 2018

Petition under Section 151 CPC praying that in the circumstancesstated in the affidavit filed in support of the petition, the High Court may bepleased to direct the respondents herein to continue the petitioner in serviceas per the date of birth 02-06-1963.

Counsel for the Petitioner: SRI P GOVINDA RAJULU

Counsel for the Respondents: SRI SANISETTY VENKATESWARLU(SC FOR APSRTC)

The Court made the following: ORDER

APHC010913462018

IN THE HIGH COURT OF ANDHRA PRADESHAT AMARAVATI(Special Original Jurisdiction)

[3396]

THURSDAY, THE SEVENTEENTH DAY OF APRILTWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPAWRIT PETITION NO: 44110/2018

Between:

S. Veera Reddy

...PETITIONER

AND

Andhra Pradesh State Road Transport Corporation and...RESPONDENT(S)Others Counsel for the Petitioner:

1. PGOVINDA RAJULU

Counsel for the Respondent(S):

1. SANISETTY VENKATESWARLU SC For APSRTC

2. P DURGA PRASAD SC FOR APSRTC

The Court made the following:

This Writ Petitionis filed under Article 226 of Constitution of India with the following prayer for:

“...to issuewrit order or directions moreinthe natureof Writ of Mandamusdeclaring the action of the respondents herein in not correcting the petitioner dateof birth as 02.06.1963 as per school certificate in place of 03.11.1960 by followingthe APSRTC Regulationsasillegal,arbitrary,contrarytoRegulationsof thecorporation and contrary to Law and violation of principles of natural justice and setaside the same includingtheNotification dated 01.06.2018for retirement andfurther direct the respondents hereinto correct the petitioner dateof birth as02.06.1963as per the school certificate and continue the petitioner in servicetill attaining the age of superannuation as per the school Certificate 02.06.1963withall consequential benefits as otherwise petitioner may suffer irreparable loss andhardship..."

2.

2. Heard Sri P. Govinda Rajulu, learned Counsel for the petitioner and SriVenkateswarlu Sanisetty, learned Standing Counsel for A.P.S.R.T.C for therespondents.Venkateswarlu Sanisetty, learned Standing Counsel for A.P.S.R.T.C for therespondents.

3. Learned Counsel for the petitioner would submit that the petitionerwasinitially appointed as Contract Driver in the year 1990, thereafter in the year1991,he was removed fromservice on the allegation of submitting fakeSchool Transfer Certificate. Learned Counsel would further submit that thereviewing authority has sent the petitioner to the Medical examination. TheMedical board examined the petitioner and issued a report to the effect thatthe approximate age of the petitioner is 35 years. The authorities have fixedthe date of birth of the petitioner as 03.11.1960 and the petitioner continuedasDriver. Learned Counsel would further submit that the petitioner came to knowon 01.06.2018 in pursuance of the notification issued by the Department thathe is going to retire by 30.11.2018 since his date of birth was recorded as03.11.1960. Learned Counsel would further submit that simply basing on theMedical Officer’s report, the date of birthis fixed as 03.11.1960 instead oftaking into account the Study Certificate of the petitioner wherein the date ofbirth of the petitioner is shown as 02.06.1963.

4. Learned Standing Counsel for A.P.S.R.T.C would submit that thereareno bonafides in the petition. The petitioner is much aware about consideringthis date ofbirth as 03.11.1960. He has never submitted any objectionsno bonafides in the petition. The petitioner is much aware about consideringthis date ofbirth as 03.11.1960. He has never submitted any objections an^^^^^egarding the same. He continued as Driver till[his][ superannuation.][ As]afterthought, the present Writ PetitionISifiled. Learned Standing Counsel finally prays for dismissal of the petition.

5. Considering the submissions made and a fair lookat thematerialplaced on record, as rightly put by the learned StandingCounsel,thepetitioner is much aware about the Medical Examination basing on which hisdate of birth has been decided as 03.11.1960. The factremainsthat thepetitioner has not placed on record, the alleged fake Transfer Certificate tounderstand and compare with his date of birth as per the Study Certificate toshow that his date of birthis 02.06.1963. Admittedly, the petitionerneverraised any objections about his date of birth during his entire service but onlyat the fag-endofhisservice, whentherespondent-authoritiesissuednotification that he shall retire on 30.11.2018, he has approached this Courtseeking amendment of his dateof birth. This Court doesnotfind anymerits/bonafides in the present petition. The Writ Petition deserves dismissal.

6. In the result, the Writ Petition is dismissed. No order as to costs.

Pending applications, if any, shall stand closed.

//TRUE COPY//

AOO.^ Sd/-N NAGAMMAassistant REGIStflARSECTION OFFICER

To,

1. One CC to Sri P Govinda Rajulu Advocate [OPUC]

rnl?i in?Venkateswarlu (SC for APSRTC) Advocate[wr UOj[wr UOj

3. Three CD Copies

HIGH COURT

DATED:17/04/2025

ORDERWP.No.44110 of 2018

a13 OCT 2025mi«o'rrenlStcfagPATC

DISMISSING THE W.P., WITHOUT COSTS