PUNAM CHAND RAWAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present petition has been filed against the order dtd. 23/7/2015 whereby the petitioner-Punam Chand Rawal has been directed to be declared to be superannuated w.e.f. 31/10/2010 and it has been directed that the amount of extra CPF paid to him would be recovered.

(2.) At the outset, it is relevant to submit that during pendency of the present writ petition the petitioner-Punam Chand Rawal had expired and his legal representatives were ordered to be taken on record.

(3.) Brief facts of the case are that the petitioner was appointed on 26/12/1990 with the respondent-Devsthan Department and at the time of appointment, his date of birth in the record was recorded to be 5/10/1959 which was based on the "Janmpatrika" submitted by him. On 1/10/2011, a complaint by one Arvind was filed with an averment that the date of birth of the petitioner is 5/10/1950 and not 5/10/1959. On the complaint being received, a show cause notice was issued to the petitioner to submit the relevant document pertaining to his date of birth. No response to the said notice was filed by the petitioner and therefore, an explanation was called from the school of the petitioner. Vide communication dtd. 2/9/2011, an explanation was submitted by the school authorities along with a copy of the first admission register whereby the date of birth of the petitioner was entered as 5/10/1950. In view of the explanation as submitted by the school authorities and in view of the fact that no response was filed on behalf of the petitioner in reply to the show cause notice, order dtd. 23/7/2015 was passed by the respondent-authorities whereby he was declared to be superannuated w.e.f. 31/10/2010. It was also directed that the CPF amount paid to the petitioner for the period of 31/10/2010 to 23/7/2015 would be recoverable from him. Aggrieved against the said order the petitioner has filed the present petition.