Court No. - 26 Case :- WRIT - A No. - 17281 of 2006 Petitioner :- Vansh Narayan Upadhyaya Respondent :- Central Board Of Trustees And Others Petitioner Counsel :- Ashok Pandey,A.K. Mishra,R.G. Tripathi Respondent Counsel :- Dhananjay Awasthi,J.P. Gupta,N.P.Singh Hon'ble Shishir Kumar,J.
Heard learned counsel for the petitioner and counsel for the respondents.
This writ petition has been filed with the following relief;
1. To issue a writ order or direction in the nature of mandamus directing
the respondent nos. 2 and 3 to correct the date of birth in their records
and sent by respondent No. 4 as mentioning in form 10-D.
2. To issue a writ, order or direction in the nature of mandamus directing
the respondent nos. 2 and 3 to pay post retirmental benefits to the
petitioner.
3. To issue a writ, order or direction in the nature of mandamus directing
the respondent no. 2 to pay the interest amount at the rate of 18% per
annum starting from 31.07.2003 till the date of the payment.
4. To issue any other suitable writ, order or direction which this Hon’ble
Court may deem fit and proper under the circumstances of the case.
5. To call for the record and award the cost.
It appears that the petitioner who was an employee of the respondents, there
was some dispute regarding his date of birth. He made an application to that
effect before Employees Provident Fund Organization. But the same was not
considered, then a writ petition was filed before this Court being a writ
petition no. 32546 of 2004 which was finally disposed off on 16.08.2004
directing the respondents to consider the claim of the petitioner within a
period of two months. The respondent no.4 has sent form of the petitioner to
the Employees Provident Fund Organization stating therein that date of birth
is correctly mentioned in the said form and the petitioner is eligible for full
benefits and not for reduced benefits. Now respondent no.3 has to pass the
appropriate order. No orders have been passed.
In such situation, this writ petition is disposed off finally, with the direction to
the respondent no.3 to take appropriate decision in view of the letter sent by
the respondent no.4 dated 14.02.2005 within a period of three weeks from the
date of production of certified copy of this order before him.
No order as to costs.
Order Date :- 27.1.2010
AHN