GO.Ms.No:383, Dt:16-11-1993 | Public Employment (Recording and Alteration of date of birth) Rules 1984

GOVERNMENT OF ANDHRA PRADESH
ABSTRACT

Public Services - Andhra Pradesh Public Employment (Recording and Alteration of date of birth) Rules 1984 – Amendment – Orders - Issued.

FINANCE AND PLANNING (FIN. WING-F.R. I) DEPARTMENT

G.O.Ms.No. 383                                                                                     Dated: 16-11-1993

        Read the following:

     G.O.Ms.No.165, Fin. & Plg. (FW.FR-I) Dept. dt. 21-4-1984.

ORDER

In The Government order read above, comprehensive rules viz., the Andhra Pradesh Public Employment (Recording and Alteration of date of birth) Rules, 1984 have been ‘issued in regard to recording and alteration of date of birth in respect of Government employees.

2.         Though, there are a number of judgements of the High Court that a decree of the Civil Court with regard to the alteration of date of birth in the School records is not binding on the Government for making a consequential alteration of date of birth in the service records, the Government employees have been representing to the Government for alteration of their date of birth basing their claims on the decrees of Civil Court and also approaching the Tribunal, in spite of clear instructions issued by the Government from time to time.

3.      The Government after careful examination of the various aspects, considers that the Andhra Pradesh Public Employment (Recording and Alteration of date of birth) Rules, 1984 be amended suitably so that the Representations/claims should be examined strictly in accordance with the rules relating to the recording and alteration of date of birth and uninfluenced by the decrees of the Civil Court in regard to the alteration of the date of birth in school records.

4.         The Government have therefore decided to amend the Andhra Pradesh Public Employment (Recording and Alteration of date of birth) Rules, 1984 suitably. Accordingly, the following notification shall be published in the Andhra Pradesh Gazette.

NOTIFICATION

In exercise of powers conferred by the proviso to article 309 read with article 313 of the Constitution of India, the Governor of Andhra Pradesh hereby makes the following amendment to the Andhra Pradesh Public Employment (Recording and Alteration of date of birth) Rules, 1984.

AMENDMENT

In the said rules, after rule 2, the following shall be inserted, namely:

"Civil" Courts Decree not to be taken into consideration.

2A. In any proceedings before the Government or any Court, Tribunal or other authority for the alteration of date of birth in the service records, the decree of a Civil Court in regard to alteration of the date of birth in the School or the Univeristy records or the contents in the judgement leading to such decree, or the effect of its implementation shall not be taken into consideration in derogation to these rules and it is hereby declared that these mules shall have effect notwithstanding anything contained in any judgement, decree or order of a Civil Court in regard to the alteration of date of birth in the School or the University records whether or not the Government is a party to such proceedings.

(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)

A.R. JAYAPRAKASH
Special Secretary to Government

 


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