UNION OF INDIA Vs. SEWAK RAM

JUDGEMENT

(1.) This letters patent appeal is directed against the order of the learned Single Judge dated 26th September, 2001. By that order the petition filed by the respondent seeking a direction, inter alia, to the appellant to pay to the latter entire pension and other retiral benefits to him for the entire period of service rendered by him was allowed. The facts giving rise to the appeal are as follows :-

(2.) On 7th October, 1971, the respondent was enrolled in the Central Industrial Security Force as a tailor. At tlie time of enrollment the respondent declared his date of birth as 2nd March, 1934, which was recorded in his service book. Subsequently, on the basis of the birth certificate produced by tlie respondent, entry relating to his date of birth in the service book was amended by recording his date of birth as 2nd January 1938. In view of the aforesaid change, the respondent superannuated on 31st January, 1998, when he attained the age of 60 years computed on the basis of his date of birth being 2nd January, 1938. After the respondent was allowed to retire on 318t January, 1998, pension and retrial benefits were not released by the appellant on the ground that the date of birth of the respondent was altered from 2nd March 1934 to 2nd January, 1938 unauthorisedly without the orders of the competent authority. Feeling aggrieved by the action of the appellant, the respondent .filed a writ petition in this court.

(3.) The learned Single Judge, after hearing counsel for the parties and considering the arguments advanced before him, by a detailed order directed as follows :-