THE ANDHRA PRADESH PUBLIC EMPLOYMENT (RECORDING AND ALTERATION OF DATE OF BIRTH) RULES, 1984

PREAMBLE

In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India and of all other powers hereunto enabling and in supersession of all rules relating to recording, and alteration of date of birth of Government employees, the Governor of Andhra Pradesh hereby makes the following rules.

Rule - 1. Short title, application and commencement.

(1)     These Rules may be called the Andhra Pradesh Public Employment (Recording and Alteration of Date of Birth) Rules, 1984.

(2)     They shall apply to all persons appointed to Public Services and posts in connection with the affairs of the State of Andhra Pradesh.

(3)     They shall come into force with immediate effect.

Rule - 2. Recording of date of birth.

(1)     Every Government employee shall, within one month from the date on which he joins duty, make a declaration as to his date of birth.

(2)     On receipt of the declaration made under sub-rule (1), the Head of Office or any other officer who maintains the service records in respect of such Government employee shall, after making such enquiry as may be deemed fit, with regard to the declaration and after taking into consideration such evidence if any, as may be adduced in respect of the said declaration, make an order within four months from the date on which the Government employees join service determining the date of birth.

Provided that in cases where the date of birth as determined under this sub-rule (1) is different from the one declared by the Government employee concerned under sub-rule (1), he shall be given an opportunity of making a representation, before a final order is made.

(3)     Where a Government employee fails to make a declaration within the time specified in sub-rule (1), the Head of Office or the officer who maintains the service records shall, after taking into consideration such evidence as may be available and after giving an opportunity of making a representation to the Government employee concerned, determine the date of birth of the employee within six months from the date on which the Government employee joins service.

(4)     The date of birth determined under this rule shall be entered in the service records of the employee concerned duly attested by the Head of the Office or the officer who maintains the service records and the date of birth so entered, shall be final and binding and the Government employees shall be stopped from disputing the correctness of such date of birth.

(5)     The date of birth as determined and entered in the service record shall not be altered except in case of bona fied clerical error, under the orders of Government.

Rule - [2-A. "Civil Courts" Decree not to be taken into consideration.

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 University records or the contents in the Judgment 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 rules shall have effect notwithstanding anything contained in any Judgment 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.][1]

Rule - 3. Procedure in recording date of birth of employees appointed before the commencement of these rules.

The date of birth of a Government employee who has been appointed before the commencement of these rules and whose service register has not been opened, shall be recorded in the manner laid down in Rule 2.

Rule - 4. Alteration of date of birth in past cases.

No Government employee in service, before the commencement of these rules;

(a)      Whose date of birth has been recorded in the Service Register in accordance with the rules applicable to him; or

(b)      Whose entry relating to date of birth became final and binding under the rules in force prior to the commencement of these rules, shall be entitled to claim alteration of his date of birth.

Rule - 5. Cases pending on the date of commencement of these rules.

The cases in which the Government employees have already applied for alteration of their date of birth and which are pending on the date of commencement of these rules, shall be dealt with on the basis of recorded age in School and College records at the time of entry into service.

Rule - 6. Effect of the Rules.

No rule made or deemed to have been made under the proviso to Article 309 of the Constitution of India shall, in so far as it is inconsistent with any of the provisions of these rules, shall have any effect.