IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.130/2000 Jarnail Singh vs. Rajasthan State Sports Council through its Secretary, Sawai Man Singh Stadium, Jaipur. Date of order : 1/7/2008. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri M.C. Jain for the petitioner. Smt. Parinitoo Jain, Dy. Govt. Counsel for the State. Shri Nalin G. Narain for respondent. ****** This writ petition has been filed by the petitioner way back on 5.1.2000 with the prayer that the respondents be directed to pay to him all post retiral benefits of pension including gratuity. The petitioner retired by the respondents from their service upon attaining the age of superannuation w.e.f. 28.2.1993 and so far he has not been paid his retiral dues. Learned counsel for the respondents submits that since the petitioner is contesting the correctness of his date of birth as recorded in service record and has separately claimed the change of date of birth, his retiral dues could not be paid. The submissions however implies that so far retiral dues of the petitioner have not been paid. The mere fact that petitioner has been agitating the question with regard to change of his date of birth would provide no justification to the respondents to withhold his legitimate dues, particularly when they do not dispute that the petitioner is otherwise not entitled to received all such benefits. In the result, this petition is allowed. The respondents are directed to pay to the petitioner the retiral dues such as pension, gratuity, CPF and any other due as may be admissible as per the relevant rules within a period of three months with interest at the rate of 6% per annum. (MOHAMMAD RAFIQ), J. RS/