JUDGMENT
Ashok Parihar, J.
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 23rd March, 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.
3. The contention as raised by the learned counsel for the respondent is wholly misconceived and untenable. It was not the fault of the petitioner that his date of birth was not entered correctly in the service record as 18.6.1935. The mistake having been rectified by the authorities themselves and the date of birth having been accepted as 18.6.1935, the petitioner would have continued in service upto 30th June, 1993. Thus, there is no justification whatsoever in denying actual salary and all other benefits to the petitioner for the period from 1st July, 1990 till 30th June, 1993.
4. Accordingly, the writ petition is allowed. The respondents are directed to make the payment of salary with all allowances to the petitioner for the period from 1st July, 1990 till 30th June, 1993. During the above period, if the petitioner had also become entitled for any other benefit of selection scale, revision of pay scale etc., the same may also be granted to the petitioner. Necessary exercise be done and retiral benefits and all other arrears be paid to the petitioner within 60 days from the date of receipt of a certified copy of this order. In view of wholly unjustified stand taken by the respondents I deem it proper to allow a cost of Rs. 5,000/- also to the petitioner which may be paid alongwith the arrears as ordered above.