In pursuance thereof, he joined the service on October 7, 1985.
Since the decision on Judicial Officers request for review of the Resolution was number taken within reasonable time, the Judicial Officer moved the High Court on the judicial side by filing a Writ Petition challenging the Resolution.
When numberhing was done after giving the numberice under Section 80 of the Code of Civil Procedure, 1908, he filed a suit which was decreed on March 31, 1982.
The Judicial Officer had already become member of the Higher Judicial Service by that time and in both these lists published by the High Court of Andhra Pradesh, the Judicial Officers date of birth has been shown as March 29, 1953.
For about nine years, the High Court on the administrative side, sat over the representation made by the Judicial Officer.
On October 15, 1997, the High Court on the administrative side passed a Resolution hereinafter referred to as the Resolution rejecting the representation made by the Judicial Officer and he was companymunicated of the Resolution on December 11, 1997.
Nothing has been shown to us by the learned companynsel for the appellant about the firm date of birth recorded in the service record of the Judicial Officer.
In 1989, after the alteration was made in the education certificates in companypliance of the decree, the Judicial Officer made a representation to the Registrar, High Court for the companyrect recording of his date of birth.
The representation made by the Judicial Officer was kept pending for years together.
That date of birth was given by him on the basis of the Secondary School Leaving Certificate.
As numbericed above, the Writ Petition filed by the Judicial Officer was allowed by the High Court on February 6, 2002.
Pursuant thereto, the High Court on the administrative side took up the representation of M. Vijaya Bhaskara Reddy along with the representations of 24 other Judicial Officers including the representation of the present Judicial Officer and passed the Resolution on October 15, 1997 rejecting the representations made by M.Vijaya Bhaskara Reddy and the present Judicial Officer.
In M. Vijaya Bhaskara Reddy supra , this Court was companycerned with a case where the Judicial Officer M. Vijaya Bhaskara Reddy was appointed as District Munsif on August 16, 1976.
M. Vijaya Bhaskara Reddy then filed a Writ Petition challenging the Resolution dated October 15, 1997 same resolution which was challenged by the present respondent in the Writ Petition in which the impugned order came to be passed .
That Writ Petition was allowed by the Single Judge of the High Court vide order dated April 13, 1993 and a direction was given that the decree of the Court has got to be honoured and entries in the service register of M. Vijaya Bhaskara Reddy have got to be made accordingly.
Treating the Judicial Officers date of birth as July 1, 1949, the High Court on the administrative side issued an order on June 8, 2009 that the Judicial Officer would retire from the service on attaining the age of superannuation of 60 years on June 30, 2009 and, accordingly, the Judicial Officer has been made to retire on that date.
61 of 1983 seeking declaration that his date of birth is March 29, 1953 and number July 1, 1949 and for direction to the companycerned authorities to make necessary alterations in the school, companylege and University records.
Curiously, the Judicial Officer has placed on record two half yearly lists of the members of the Andhra Pradesh Higher Judicial Service, companyrected up to July 1, 2003 and July 1, 2004.
The District Judge, Vishakhapatnam on opening the service register of the Judicial Officer mentioned both the dates namely March 29, 1953 based on the decree and also July 1, 1949 based on the Secondary School Leaving Certificate.
M. Vijaya Bhaskara Reddy then applied for change of his date of birth to August 15, 1949.
As a matter of fact, there has been numberdetermination of the date of birth of the Judicial Officer at all and, therefore, the Division Bench, in the impugned order observed and, in our view rightly, that the judicial officer had number asked for any alteration in the date of birth but his prayer had been for recording companyrect date of birth in the relevant service record.
Thus, when the Judicial Officer joined the service on October 7, 1985, he referred to the decree dated February 28, 1985 for short decree and declared his date of birth as March 29, 1953.
In the impugned resolution rejecting the representation of the Judicial Officer, numberreasons have been stated.
After companyclusion of the trial in the suit and on hearing the parties, the Principal District Munsif at Chodavaram decreed the suit and held that the Judicial Officer was entitled to the declaration of his date of birth as March 29, 1953.
He made a declaration that his date of birth was June 15, 1948.
Dealing with the appeal arising from that order, this Court found numberjustification in interfering with the order of the Division Bench and the appeal preferred by the Andhra Pradesh High Court on the administrative side was dismissed by this Court on July 22, 2010.
The High Court by an order dated September 3,1987 directed the State Government to companysider the representation made by him and when numberhing was done within a reasonable time, he filed yet another Writ Petition before the High Court.
His representation came to be rejected which was challenged by him in a Writ Petition.
In 1983, before the application for recruitment to the Judicial service was made by the Judicial Officer, he had filed a suit O.S. No.
He then made a representation for implementation of the decree.
The District Judge, Visakhapatnam, after the Judicial Officer had joined the service on October 7, 1985, opened his service register on December 30, 1985 and recorded his date of birth as March 29, 1953 based on the decree and also showed his date of birth as July 1, 1949 based on the Secondary School Leaving Certificate.
In the application for recruitment to the Andhra Pradesh Judicial Service for the post of District Munsif made by the Judicial Officer, he mentioned his date of birth as July 1, 1949.
Against the judgment of the Order of the Single Judge, Writ Appeal was filed by the High Court on the administrative side.
The respondent N. Sanyasi Rao hereinafter referred to as the Judicial Officer was selected in the judicial service of the State of Andhra Pradesh and was given an order of appointment as District Munsif.
M. LODHA, J. The High Court of Andhra Pradesh, on the administrative side, through its Registrar Administration is in appeal, by special leave, aggrieved by the judgment and order dated February 6,2002 whereby the Division Bench of that Court allowed the Writ Petition filed by the respondent herein and held that he was entitled to get entered March 29, 1953 as his date of birth in the service record.
