Case Note & Summary
The petitioner, Laxman Vitthalrao Motegaonkar, was appointed as Junior Clerk by the Agricultural Produce Market Committee (APMC), Sangamner, on 09.09.1985. His school leaving certificate showed his birth date as 01.01.1960. However, the APMC retired him on 31.12.2018, treating his birth date as 01.01.1959. The petitioner contended that his actual date of retirement should be 31.12.2019 and sought retiral benefits including provident fund, earned leave encashment, increments, and difference of salary as per Seventh Pay Commission recommendations. He also sought enforcement of an order dated 25.06.2021 passed by the District Deputy Registrar, Cooperative Societies, Ahmednagar (respondent No.2), directing payment of outstanding amounts. The High Court, exercising writ jurisdiction under Article 226, held that the date of birth in service record cannot be altered after retirement without cogent evidence. The Court directed respondent No.1 to pay the retiral benefits as per Seventh Pay Commission recommendations, considering the date of retirement as per the service record, and to comply with the order dated 25.06.2021. The petition was disposed of with directions.
Headnote
A) Service Law - Retiral Benefits - Date of Retirement - The petitioner claimed his date of retirement as 31.12.2019 based on school leaving certificate showing birth date 01.01.1960, but APMC retired him on 31.12.2018 treating his birth date as 01.01.1959. The Court held that the date of birth in service record cannot be altered after retirement without cogent evidence, and directed APMC to pay retiral benefits as per Seventh Pay Commission recommendations considering the actual date of retirement as per service record. (Paras 1-10) B) Writ Jurisdiction - Recovery of Dues - The Court held that a writ petition under Article 226 is maintainable for recovery of statutory dues from a public body like APMC, and directed respondent No.1 to pay the outstanding amount as per order dated 25.06.2021 passed by respondent No.2. (Paras 2-12)
Issue of Consideration
Whether the petitioner is entitled to retiral benefits including provident fund, earned leave encashment, increments, and difference of salary as per Seventh Pay Commission recommendations, and whether his date of retirement should be considered as 31.12.2019 instead of 31.12.2018.
Final Decision
The Court directed respondent No.1 to pay the petitioner retiral benefits including provident fund, earned leave encashment, increments, and difference of salary as per Seventh Pay Commission recommendations, considering the date of retirement as per service record, and to comply with the order dated 25.06.2021 passed by respondent No.2. The petition was disposed of with directions.
Law Points
- Date of birth in service record cannot be altered after retirement without cogent evidence
- Retiral benefits must be computed based on actual date of retirement
- Writ petition maintainable for recovery of dues from APMC
