Case Note & Summary
The petitioner, Dasaram s/o Nathu Meshram, filed a writ petition before the Bombay High Court at Nagpur Bench seeking quashing of the respondents' action in not granting him pension and a direction to rectify the mistake in service details mentioned in the scheme certificate dated 11.02.2003 and to release pension. He also claimed compensation for alleged harassment. The petitioner worked as a 'Cutter' in respondent No.2, Ellora Paper Mills Limited, from 01.10.1983 and attained the age of superannuation of 58 years on 01.03.2012, being relieved on 02.03.2012. The petition was filed on 12.04.2004, challenging the certificate dated 11.02.2003 which showed his date of birth as 01.03.1954, whereas he claimed it should be 01.04.1944. The Court noted that no one appeared for the petitioner and with the assistance of the counsel for respondent No.1, the Regional Provident Fund Commissioner, the Court examined the petition. The Court found the grievance unclear and was unable to understand the exact dispute. However, considering that the petitioner had already superannuated on 02.03.2012, the Court disposed of the petition with a direction to the respondents to release all pensionary and other benefits available to the petitioner on his superannuation, if not already released and if there is no other impediment. The rule was made absolute in those terms with no order as to costs.
Headnote
A) Pension Law - Provident Fund - Superannuation Benefits - Employees' Provident Funds and Miscellaneous Provisions Act, 1952 - Direction to Release Benefits - Petitioner challenged certificate dated 11.02.2003 showing date of birth as 01.03.1954 and sought correction to 01.04.1944 - Court found grievance unclear but noted petitioner superannuated on 02.03.2012 - Held that respondents must release all pensionary and other benefits available to petitioner on superannuation if not already released and no other impediment (Paras 1-3).
Issue of Consideration
Whether the petitioner is entitled to pension and other benefits upon superannuation despite dispute regarding date of birth in the scheme certificate.
Final Decision
The petition is disposed of with a direction to the respondents to release all pensionary and other benefits available to the petitioner on his superannuation on 02.03.2012, if those are not already released and there is no other impediment. Rule made absolute in above terms. No order as to costs.
Law Points
- Pensionary benefits
- superannuation
- date of birth correction
- direction to release benefits
