SHAKUNTALABAI MUKUNDRAO KULKARNI Vs. EMPLOYEES PROVIDENT FUND ORGANIZATION

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With the consent of learned Counsel for the parties this petition is heard finally at the stage of admission.

(2.) This petition under Article 226 of the Constitution prays for issuance of appropriate writ for quashing and setting aside a communication dated 18.5.2004, holding that the petitioner herein was not entitled for reduced pension in view of the fact that the date of birth of the petitioner was recorded as 25.5.1963. Learned Counsel for the petitioner, at the outset, has stated that in so far as the relief at prayer clause A is concerned, the petitioner is not pressing the said relief. In view of the limited relief which the petitioner has sought for in this petition, we deem it proper to decide this petition finally at the stage of admission.

(3.) According to the petitioner, the petitioner had opted for voluntary retirement on 29.12.2003 from the employment of respondent no.2 company after completing 18 years of service. The petitioner claims to be a member of respondent no.1 organization since 1.10.1985 and has regularly paid the subscription amount towards Employees Provident Fund Scheme. The petitioner had submitted relevant forms which were required for being a member of the aforesaid Pension Scheme and, while submitting the said documents, inadvertently, the petitioner had written her date of birth as 25.5.1963 instead of 25.5.1953. On the petitioner applying to the respondents for grant of pension, the aforesaid application came to be rejected for the reason to which we have adverted to as above.