WP(C) 1817/2009 BEFORE THE HON’BLE MR JUSTICE B.K. SHARMA. Heard Mr. G. P. Bhowmick, learned counsel for the petitioners. None has appeared for the respondents. The petitioner No.1 is the wife of Late Suresh Prasad, who was serving u nder the respondents as Work-Charge Labourer. He retired from service on attaini ng the age of superannuation w.e.f. 31.3.2007, to which effect, an intimation wa s sent to him (Annexure-1 dated 28.2.2007). Thereafter, by Annexure-3 letter dat ed 27.5.2008 addressed to the Treasury Officer, Tinsukia by the Executive Engine er, P.W.D., Tinsukia Rural Road Division, the non-drawal of certificate of provi sional pension and D.C.R.G. was sanctioned to the Treasury Officer. By Annexure -5 letter dated 22.7.2008 addressed to the deceased husband of the petitioner, i t was intimated thus :- Sub :- Non payment of retirement benefits. Ref :- Your letter No.NIL- Dtd. 11.7.08. With reference to the above, I would like to inform you that provisional gratuit y amounting to Rs.32,015/- (Rupees thirty two thousand fifteen) only was release d to you. On scrutiny of your pension papers it was noticed that your date of retirement f alls on 31.3.07 as per service roll, but date of retirement is 30.6.06 shown as per GPF statement. As per your own declaration (copy enclosed) your pension case was sent to the Ac countant General, along with a recovery statement (copy enclosed), and service r oll in original for finalization of pension case. Accordingly the Accountant Gen eral, finalized the pension case and a certificate of Due and drawn issued to th e Treasury. Encl. As above. Sd/- Executive Engineer, P.W.D. Tinsukia Rural Road Division, Tinsukia By Annexure -7 letter dated 27.3.2009 addressed to the petitioner, the attested copy of the Service Book of her deceased husband was forwarded to her. The petitioner is aggrieved by Annexure- 3 communication dated 27.5.2008 , by which the Treasury Officer, Tinsukia has intimated that an amount of Rs.64, 791/- should be recovered from the dues of the deceased employee being overdrawa l of salary. It appears that as against the retirement of the deceased husband of the petitioner on 31.7.2007, it is the stand of the respondents that his date of re tirement was 30.6.2006. In this connection, the aforesaid Annexure- 5 letter dat ed 22.7.2008 addressed to the deceased husband of the petitioner may be referre d to, in which it was stated that though his date of retirement as per service r oll is 31.3.2007, but as per the GPF statement, it is 30.6.2006. Needless to say that the date of retirement of an employee will have to be determined on the basis of the date of birth recorded in the Service Book. Ne edless also to say that normally if the incumbent works beyond the date of retir ement and no fault is attributable to him, he is entitled to receive salary. In the instant case, the petitioner’s husband went on retirement on 31.3 .2007 as per the Annexure-1 intimation furnished to him. The fact of the matter is that he had worked up-to 31.3.2007. As per own admission of the respondents, his date of birth is 31.3.2007 as per service roll. However, they considered hi s date of retirement on the basis of G.P.F. statement. The petitioner’s husband having continued up-to 31.3.2007, there cannot be any recovery for the period he had worked beyond 30.6.2006. If the proposed recovery, as indicated in the Annexure-3 letter dated 27.5.2008, pertains to the period from 30.6.2006 to 31.3.2007, the same is not legally tenable. In view of the above, the respondents are directed to release pensionary and other retirement benefits of Late Suresh Prasad to his wife i.e. the petiti oner taking his date of retirement as 31.3.2007 without making any recovery beyo nd the period from 30.6.2006 to 31.3.2007. However, if for any reasons, it is fo und that the actual date of retirement of the petitioner’s husband should have b een 30.6.2006, his pensionary benefits may be calculated on that basis. However, it is made clear that the date of birth in the Service Book of the husband of t he petitioner will hold the field. Let the entire exercise towards releasing the pensionary and other retir ement benefits be carried out as expeditiously as possible, but at any rate, not later than 31.08.2011.