SUPERINTENDING ENGINEER Vs. RAMSINH SHAMJIBHAI CHAUHAN

JUDGEMENT

(1.) BY way of filing the present petition, the petitioners have challenged the judgment and award passed by Appellate Authority on 25.06.2002 in Appeal No. 03 of 2002 whereby the Appellate Authority has directed the petitioners to pay Rs. 85,997/ with 10% interest and further directed to pay 10% interest on Rs. 3,11,884/ from 05.01.2001 till 04.07.2001.

(2.) THE facts of the case in brief, are that the respondent was appointed as Junior Assistant in the petitioner Board on 24.07.1965. At that time, he gave his birth date as 10.10.1942. After 35 years, at the fag end of retirement, he disputed his date of birth and filed Civil Suit praying that his date of birth be declared as 10.10.1939. The said Civil Suit was rejected by Civil Judge (S.D) Bhuj. Therefore, the respondent filed a Civil Appeal which was also dismissed by District Judge, Bhuj ­ Kutch on 28.08.2000. Then, respondent preferred Civil Revision Application before this Hon'ble Court which was came to be dismissed on 06.12.2000. The respondent preferred an application before the Controlling Authority praying that his date of retirement be taken as 06.12.2001. The said application was on 20.11.2001 and Controlling Authority directed the petitioner to pay Rs. 95,160.132ps with 10% interest and further interest of 10% from 06.12.2000 till 04.07.2001 shall be paid on Rs. 2,25,846.98ps. Being aggrieved with the said order, the petitioner preferred an appeal before Appellate Authority under Payment of Gratuity Act which was partly allowed on 25.06.2002. By the said order, the petitioners were directed to pay Rs. 85,997/ with 10% interest and further directed to pay 10% interest on Rs. 3,11,884/ from 05.01.2001 till 04.07.2001. Hence, the present petitioners preferred the present petition before this Hon'ble Court.

(3.) LEARNED counsel for the respondent has supported the order of the Appellate Authority and submitted that order passed by both the Authorities may be upheld and no interference is warranted with the same.