EXECUTIVE ENGINEER Vs. PRAKASH GAJANAN

JUDGEMENT

(1.) Rule, by consent of Counsel returnable forthwith. Counsel appearing on behalf of the respondent waives service. By consent of Counsel and at their request taken up for hearing and final disposal.

(2.) The respondent joined the services of the Maharashtra State Electricity Board on 3rd January 1972. In the service book of the respondent, the date of birth of the workman was shown to be 29th November 1949. The service book bears the signature of the workman. The aforesaid date of birth, was entered on the basis of the School Leaving Certificate issued to the respondent on 1st August 1968 by the Maharashtra State Board of Secondary Education. On 5th April 1989, the respondent made an application to the petitioner for altering his date of birth from 29th November 1949 to 29th November 1950, purportedly relying on a School Leaving Certificate bearing the later date. The request made by the petitioner was rejected on 24th July 1990 on the ground that under the applicable rules, such a request ought to have been made within a period of one year from the date of the entry of the birth date in the service record.

(3.) On the basis of the entry made in the service book, the respondent was due for retirement on 30th November 2007. On 31st July 2006, the respondent applied for the encashment of l/3rd of his gratuity stating that his date of birth was 29th November 1949. An amount of Rs. 1.4 lakh was sanctioned by the petitioner towards gratuity in 2007. The respondent similarly made an application in respect of Provident Fund dues in which the date of birth was again mentioned as 29th November 1949. On 23rd February 2007, the respondent was informed of his impending retirement on 30th November 2007. On 13th November 2007, the terminal dues payable to the respondent were computed at Rs. 3,79,749/- by the petitioners.