P K GAUR Vs. STATE OF U P

JUDGEMENT

(1.) SUNIL Ambwani, J. Heard counsel for petitioner and learned Standing Counsel for respondents. Brief facts giving rise to this writ petition are that the petitioner was appointed as Assistant Clerk/librarian in Government District Library, Varanasi on 14-8-1959. Initially the post was in education department. Subsequently the department concerned was governed by the State Government and thus the petitioner became a State Government employee. A notice of retirement was given to the petitioner on 4-7-1997 by which he was informed that his date of birth is 1-10-1939 and that he will be retired on 30-9-1997. The petitioner was relieved on that date.

(2.) THE petitioner filed Writ Petition No. 26830/1997 challenging the age of superannuation and prayed for extending the retirement age for a further period of two years, as provided by service Rules applicable to education department. In the counter affidavit filed on behalf of respondents, it was alleged that the petitioner's date of birth is 1-10-1936 and not 1-10-1939. While dismissing the writ petition, this Court observed in its order dated 9-11-1998 that since the petitioner had worked upto 1997, on account of an entry in his service book, the salary drawn by him shall not be recovered and his retirement benefits including pension shall be determined by taking into consideration the three year's additional services rendered by him. THE District Inspector of Schools filed a Special Appeal No. 1093/2001 against the aforesaid order dated 9-11-1998. THE delay was condoned but the stay application was rejected on 30-10-2001. A contempt Petition was filed by the petitioner for compliance of the order dated 9-11-1998 in which notices have been issued. THE petitioner is receiving only provisional pension, so far and has filed this writ petition for writ of mandamus directing the respondents to pay full pension to the petitioner in accordance with law and to release all retiral benefits payable to him along with difference in between provisional pension and full pension with interest at the rate of 18%. THE petitioner is getting provisional pension.

(3.) THE petitioner had initially disputed his date of birth but it appears that after a confirmation was received from U. P. Secondary Education Board, he gave up the plea and admitted that the date of birth recorded in the High School certificate is correct.