(1.) This petition under Article 226 of the Constitution of India is filed seeking direction to respondent Nos.2 and 3 - District Education Officer, Jamnagar and Directorate of Pension & Provident Fund, Gandhinagar to release pension, gratuity, provident fund and other retirement benefits with interest at the rate of 9%. It is a case where there is a change in the date of birth of the petitioner in his service book, while discharging duty initially as teacher in the year 1984 and thereafter as Principal in the year 1997 onwards.
(2.) Learned Advocate for the petitioner submitted that date of birth of the petitioner was recorded as 5/7/1953 on the basis of school leaving certificate, but the actual date of birth of the petitioner was 5/7/1958. As the actual date of birth was rectified in the service book as 5/7/1958, the petitioner was due to retire on 31/7/2015 and by giving term and benefits, permitted to retire on 31/10/2015. It is submitted that in due process, proposal for pension and other retirement benefits was forwarded. Despite that, pension of the petitioner was not fixed and on the ground of manipulated date of birth in the service record, an FIR came to be filed against the petitioner.
(3.) As against this, on behalf of respondent No.2, an affidavit is filed and drawing attention to it, learned AGP submitted that when the proposal of pension case along with all relevant documents was placed before respondent No.2 by the school authorities, respondent No.2 found that there was some error or correction in the service book and therefore, respondent No.2 wrote letter to the school authorities to make an inquiry and produce school leaving certificate and the service book.