Allowed

Vijay Kumar v. Oriental Insurance Company Ltd. Thru Chairman-Cum-M.D. and Anr.

Allahabad HC3 May 2023WRIA/15373/2019

Case brief

AI extract

What is this about?

Court allowed petitioner's writ petition correcting a date of birth discrepancy evidenced by High School Certificate, directing respondent to pay salary arrears calculated according to correct date and pay commission benefits.

What did the court decide?

Directed respondents to pay arrears of salary including pay commission benefits within three months.

Vijay Kumar Vs Oriental Insurance Company… — Pension and Retirement Benefits | Allahabad HC (2023)

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Court No. - 17

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Case :- WRIT - A No. - 15373 of 2019

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Petitioner :- Vijay Kumar

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Respondent :- Oriental Insurance Company Ltd. Thru Chairman-CumM.D. And Anr Counsel for Petitioner :- Dilip Kumar Verma, Apoorva Tewari, Sandeep Kumar Ojha

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Counsel for Respondent :- Suresh Panjani,Suresh Panjwani

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Hon'ble Pankaj Bhatia,J.

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Heard Sri Apoorva Tiwari the counsel for the petitioner and Sri Suresh Panjwani the counsel for the respondents.

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The present petition raises a very trivial question with regard to the date of birth. The petitioner joined the service with the respondents company and filled the date of birth as 20.07.1959, however subsequently and before joining the services, the petitioner moved an application that as per the High School Certificate, the date of birth is 20.09.1962 and inadvertence has crept in while filling the form showing the date of birth as 20.07.1959.

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It is stated that no steps were taken by the company to rectify the inadvertent error. Subsequently, based upon the said date of birth, when the petitioner was being superannuated, he approached this court by filing the present petition.

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This court by means of the interim order passed on 01.07.2019 permitted the petitioner to continue to discharge his duties up to the date of superannuation calculated treating his date of birth as 20.09.1962, which was also depicted in the high school certificate. In terms of the said interim order, the petitioner continued to discharge his services and has superannuated now

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after rendering the services treating his date of birth as 20.09.1962.

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The present petition, thus, is confined to the benefits of the salary and the difference of salary for the period, the petitioner has served after passing of the interim order including the benefits of the pay commission which have been extended to the other employees of the company.

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The counsel for the respondents draws my attention to the fact that although the petitioner had filed an application bringing on record the discrepancy prior to joining the company, however, in the year 2011 when the records were being updated, the petitioner himself filled his date of birth as 20.07.1959 and based upon the said form filled by the petitioner, the computer records of the company were updated and thus, the claim of the petitioner was not justified, although he has no quarrel of the fact that the petitioner has served with the company in terms of the order dated 01.07.2019 passed by this Court.

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The counsel for the respondents in fact goes to state that the high school certificate of the petitioner was got verified and was found to be correct.

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The court appreciates the fairness of Sri Suresh Panjwani, the counsel for the respondents.

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Considering the said submissions made at the bar and as recorded above, there is no dispute with the fact that the high school certificate of the petitioner records the date of birth as 20.09.1962. The date of birth in the records of the company i.e. 20.07.1959 is prima facie on account of error

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in filling the forms at both the stages, prior to the joining the company and while filling the form in the year 2011.

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Considering the fact that there is no denial or material on record to demonstrate that the high school certificate of the petitioner wrongly records the date of birth of the petitioner as 20.09.1962, the irresistible conclusion is that the date of birth of the petitioner is 20.09.1962.

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Looking to the fact that the petitioner has superannuated after serving with the company, the present petition is disposed off directing the respondents to pay the arrears of salary after calculating the benefits of the pay commissions as and when extended to the other employees of the company.

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The arrears shall be paid, as directed above, within a period of three months.

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The writ petition stands disposed off .

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Order Date :- 3.5.2023 VNP/-

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Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench

Vijay Kumar v. Oriental Insurance Company Ltd. Thru Chairman-Cum-M.D. and Anr.

Case brief

What is this about?

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Vijay Kumar v. Oriental Insurance Company Ltd. Thru Chairman-Cum-M.D. and Anr.

Case brief

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What did the court decide?

What the court decided

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