FARIDKHAN GULZARKHAN PATHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate Mr. Dilip B. Rana for the petitioner; Ms. Shraddha Trivedi, learned AGP for respondent No. 1 and 4; Mr. Munshaw, learned advocate for respondents no. 2-3. In this petition, this Court has issued rule on 21st November, 2000 by order dated 11th October, 2000. Respondent No.3 has filed affidavit in reply on 28th November, 2000 alongwith which, certain papers have been produced and thereafter, rejoinder thereto has been filed by the petitioner on 11th February, 2001.

(2.) The facts leading to the filing of the present petition, in brief, are to the effect that the date of birth of the petitioner as per the final examination certificate is 31.3.1940. The petitioner was appointed as Malaria Survellance Inspector at Sharigam, Taluka Umargam, District Valsad on 2.9.1960. In the year 1983, the petitioner was promoted as malaria laboratory technician at Surbhan, Tal : Bardoli, Dist : Surat in the pay scale of Rs.1350-2200. On 1.4.1985, the petitioner was transferred to the Primary Health Centre, Vasuki, Dist : Bardoli. According to the petitioner, in the year 1985, he came to know that his birth date was wrongly recorded in his service record as 31.3.1939 instead of 31.3.1940. He, therefore, applied for necessary changes in the service record in respect of the birth date from 31.3.1939 to 31.3.1940 by submitting the documentary evidence in the form of SSC Examination Certificate which application of the petitioner was approved by the Medical Officer, PHC, Vasuki and accordingly necessary changes were made in the service record of the petitioner as regards his birth date. Thereafter, on 1.8.1989, the petitioner was transferred from Vasuki to Sevni, Taluka Kamrej on the same post where he retired on account of superannuation on 23.3.1998 as Malaria Technician (Lab) from PHC Sevni with effect from 31.3.1998. According to the petitioner, during the year 1998-99, he approached the respondent authorities time and again for his retiral benefits but the same were not paid to him nor any positive response was given to his requests. The petitioner, therefore, wrote letter dated 8.5.2000 to the Director of Pension Department for not granting pension to him though he retired on 31.5.1998. The petitioner also wrote a letter on 11.5.2000 to the District Malaria Officer, Nanpura, Surat in this regard. The Accounts Officer (Pension) wrote a letter to the District Malaria Officer on 23.5.2000 about the clarification of the pension of the petitioner. Thereafter in or around 27/31st May, 2000, the petitioner was given reply by the District Malaria Officer in connection with his representation made on 11.5.2000. Thereafter, on 28.6.2000, the District Development Officer wrote a letter to the Private Secretary, Health and Family Welfare Department, Gandhinagar about the retirement benefits of the petitioner. However, same has not been paid to the petitioner and, therefore, the petitioner has filed the present petition before this Court.

(3.) During the course of hearing, learned advocate Mr. Rana appearing for the petitioner has submitted that during the pendency of this petition, the State Government has sanctioned the pension and has finalized the pension of the petitioner by communication dated 11.10.2000. He has submitted that while finalizing the pension of the petitioner, the respondents have effected recovery of Rs.1,04,920.00 from the amount of the gratuity of the petitioner on the ground that the petitioner has worked for a period of one year on the basis of changed date of birth date and on that ground, the respondents have not paid the amount of Rs.1,04,920.00 to the petitioner from the amount of gratuity payable to the petitioner. He has, however, submitted that the rest of the amount of retiral benefits under different head has been paid to the petitioner.