ups_00143 — Pension and pensionary benefits cannot be held back, due to correction of the date of birth for which the employee is not responsible, and is to be paid on the date of retirement even if it is earlier to the date of superannuation due to correction of date of birth

Pension and pensionary benefits cannot be held back, due to correction of the date of birth for which the employee is not responsible, and is to be paid on the date of retirement even if it is earlier to the date of superannuation due to correction of date of birth — This chunk discusses an original application (O.A. No. 130 of 2012) related to a dispute over pension and pensionary benefits for an employee whose date of birth was corrected, causing his retirement... — Facts: The Applicant initially appointed as a temporary worker on 6-12-1968 was regularized by order, dated 1-7-1978. He was granted second financial upgradation by order, dated 11-3-2002 under ACP Scheme. Thereafter, he was promoted to skilled industrial personnel with effect from 1-8-2010 and he retired from service on 1-8-2011 on superannuation. His retirement dues including pension should be calculated six months prior to his retirement as per Rule 60 of the CCS (Pension) Rules, 1972. But it was not done. Hence he was not paid pension and pensionary benefits due to which he is compelled to file this O.A. The Respondents submit that his date of birth which is shown as 5-12-1949 is to be corrected as 11-7-1951 as per School Certificate issued by Zilkadar Ali High School. And hence he has to retire on 31-7-2011 instead of 31-12-2009. The case of the Applicant for pensionary benefits is not rejected and hence the present case is a premature one. The Applicant relying on the case of Guwahati High Court Manohari Das v. State of Assam and others [ 2008 (3) GL 97 ], stated wherein an employee had retired before the date of superannuation due to the fault of the Department, it cannot be a bar for releasing the pensionary benefits and pension treating the petitioner to be in service till the date he actually continued. The Tribunal studied the case and stated that the Applicant continued in service beyond 31-12-2009 due to fault of the Respondent authorities even though the correction of service record was made long before. The Applicant retired on 1-8-2011 but his final settlement dues have not been released on plea of the matter under consideration. In the case Manohari Das (supra), the Petitioner therein was continued beyond the date of his retirement due to the fault of the authority and hence his pension should be determined treating the Petitioner in service till the date he actually continued. Right to receive pension is a fundamental right. As per provision of Rule 60 of CCS (Pension) Rules, 1972 for completion of the entire works pertaining to release of pension of a employee is six months prior to the retirement of the employee. But in the instant case even after a lapse of more than one year, the pensionary benefits have not been released, thereby depriving the Applicant from his right to receive pension after devoting his entire life working for the Department. The entire exercise of correction was carried out by Respondents in a belated stage and behind the back of the Applicant and the Applicant cannot be held responsible for the same.