T. DHRUVA VARMA Vs. STATE OF ORISSA

JUDGEMENT

(1.) IN this writ application, the petitioner challenges the order dated 06.10.2009 passed in O.A. No. 2003 (C) of 1998 by the Orissa Administrative Tribunal, Cuttack Bench, Cuttack and prays to issue writ of mandamus directing the opposite parties to release the pension and other retiral benefits on the basis of the last pay drawn by him on 30.06.1997.

(2.) THE case of the petitioner in brief is that he joined as untrained Primary School Teacher on 19.01.1956. At the time he entered into government service his date of birth was entered in the service book as 02.05.1933 instead of 27.06.1939. Subsequently, he passed the matriculation examination conducted by the Andhra University and submitted the matriculation certificate before the authorities. Coming to know from the matriculation certificate that the actual date of birth of the petitioner is 27.06.1939, the authorities on 15.02.1970 corrected the wrongly recorded date of birth, i.e., 02.05.1933 as 27.06.1939 in the service book of the petitioner. The petitioner passed E.T. Examination conducted by the Board of Secondary Education, Orissa, Cuttack in the year 1971. While working as Headmaster of Golabanda Primary School, the petitioner attained the age of superannuation and retired from government service with effect from 30.06.1997 treating his date of birth as 27.06.1939. The petitioner submitted his pension papers in the month of July, 1997, but the Controller of Accounts, Orissa returned the same with a direction to submit the original school leaving certificate, original Andhra Matriculation certificate and the government order approving the correction of date of birth. The petitioner made a representation contending inter alia that the original school leaving certificate was submitted to the authorities at the time of initial appointment in the year 1956 and the government order approving the correct date of birth is not with him. He, however, submitted a duly attested photo copy of the original matriculation certificate. According to the petitioner the correction of the date of birth was made in the year 1970 and he retired from service after attaining the age of 58 years and as such there was no justification in not releasing the pension and other retiral benefits in his favour.

(3.) THE Tribunal after hearing the parties and considering the documents available before it disposed of the O.A. with the observation that the date of retirement of the petitioner be treated as 30.06.1991 and his pension and other retiral benefits be released on the basis of the last pay drawn by him on 30.06.1991 but the salary which he had received from 30.06.1991 to 30.06.1997 should not be recovered from him.