S N SHARMA Vs. NAGAR NIGAM JAIPUR

JUDGEMENT

(1.) PETITIONER was retired from service on reaching the age of superannuation on 30. 6. 1990 treating his date of birth to be 18. 6. 1932. However, subsequently on representation made by the petitioner the date of birth was corrected by the respondents as 18. 6. 1935 vide order dated 23. 03. 1995. As per the corrected date of birth the petitioner should have been retired with effect from 30. 6. 1993. Though giving benefit of notional pay fixation for three years i. e. from 1990 till 1993 retiral benefits were paid accordingly, however, actual salary for the above period has not been paid so far which appears to be the main grievance in the present writ petition.

(2.) LEARNED counsel for the respondents has submitted that since the petitioner had not actually worked during the period in question, he is not entitled for salary for the same period moreso, when notional benefit has already been given to him.