N.Srinivasa Rao, S/O N.Suryanarayana v. The Managing Director And Vice-Chairman

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.27881 of 2014 ORDER:

The petitioner was working as Driver and member of the Union. He studied upto 7th class. At the time of his selection as Driver, he submitted a school leaving certificate and caste certificate to the Recruitment Committee. Initially he was posted as Casual Driver in Narsapuram Depot.

On the basis of certificates produced by him, he was issued a show cause notice on the ground that the certificates produced were not genuine. He submitted his explanation to the show cause notice issued by respondent No.2 dated 03.05.1999. However, a punishment of stoppage of one increment without any cumulative effect was imposed. Though the services of other drivers were regularised with effect from 01.08.1999, the services of petitioner were regularised by proceedings dated 14.12.2000 with effect from 01.08.2000. It is the case of petitioner that though his date of birth as per the school records is 10.06.1963, the Head Master of the school by mistake noted the date of birth as 11.04.1958 at the time of issuing the certificate to petitioner. The date of birth of another candidate was recorded as the date of birth of petitioner.

In order to prove his date of birth as 10.06.1963, he addressed a letter to respondent No.2, District Educational Officer, Eluru and others. An enquiry was conducted and after elaborate enquiry, the date of birth of petitioner was confirmed as 10.06.1963. When the same was not taken into consideration, he preferred an appeal before the respondents 3 and 4, but the same was rejected. In those circumstances, he filed I.D.No.125 of 2006 before the Labour Court, Guntur. The Labour Court passed an award on 23.11.

holding that the punishment of deferment of annual increment for a period of one year without cumulative effect was irregular. While passing the said award, the punishment, which was based on the assumption that the date of birth certificate produced by the petitioner was not correct, was examined by the Tribunal and the Tribunal came to the conclusion that the date of birth of petitioner is 10.06.1963 only. The said finding was recorded on the basis of documentary evidence produced by the petitioner. In spite of the said order, when the respondents have not corrected the date of birth of petitioner as 10.06.1963, the present writ petition was filed. This writ petition was taken up for consideration on 18.09.2014 and it underwent seven adjournments. Even after seven adjournments, no counter affidavit is filed.

In the circumstances, respondents 2 to 4 are directed to take into consideration the findings recorded by the Presiding Officer, Labour Court, Guntur in I.D. No.125 of 2006 on 23.11.2007, and pass appropriate orders with regard to the date of birth of petitioner within a period of three (3) months from the date of receipt of a copy of this order.

Accordingly, this Writ Petition is disposed of. No order as to costs. Miscellaneous Petitions pending, if any, shall stand closed.

________________________________ A.RAMALINGESWARA RAO, J 03.08.2016 MVA