IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 2ND NOVEMBER 2011 / 11TH KARTHIKA 1933 WP(C).No. 22625 of 2006(R) -------------------------------------- PETITIONER(S): ----------------------- V. BHUVANENDRAN, S/O. VASUDEVAN, AGED 60 YEARS, THIRUVATHIRA, CHEMPAZHANTHI P.O., THIRUVANANTHAPURAM. BY ADV. SRI.SABU S.KALLARAMOOLA, SRI.PATHIRIPALLY S.KRISHNAKUMARI. RESPONDENT(S): ------------------------ 1. THE REGIONAL PROVIDENT FUND COMMISSIONER EMPLOYEES PROVIDENT FUND ORGANIZATION, SUB-REGIONAL OFFICE, CHALAKUZHY BUILDING, CMS COLLEGE ROAD, KOTTAYAM. 2. THE ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANIZATION, SUB REGIONAL OFFICE, CHALAKUZHY BUILDING, CMS COLLEGE ROAD, KOTTAYAM. 3. THE HINDUSTAN NEWS PRINT LTD., NEWS PRINT NAGAR P.O., KOTTAYAM. BY ADV. MR.JOY THATTIL ITTOOP, SC. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 22625 of 2006(R) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE SERVICE CERTIFICATE ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER DATED 30/04/2004. EXT.P2: COPY OF THE ABSTRACT OF THE ADMISSION REGISTER IN RESPECT OF PETITIONER ISSUED BY THE HEADMASTER OF GOVERNMENT HIGH SCHOOL, BHARATHANOOR. EXT.P3: COPY OF THE CERTIFICATE DATED 12/06/67 ISSUED BY THE STATE LIBRARIAN OF TRIVANDRUM PUBLIC LIBRARY. EXT.P4: COPY OF THE COMMUNICATION DATED 18/07/2005 OF THE 2ND RESPONDENT TO THE ASST. MANAGER (FIN.), HINDUSTAN NEWSPRIT LTD. EXT.P5: COPY OF THE LETTER DATED 28/11/2005 OF THE THIRD RESPONDENT TO THE PETITIONER. EXT.P6: COPY OF THE LETTER DATED 02/06/2006 OF THE 2ND RESPONDENT ASST. MANAGER (FIN.), HINDUSTAN NEWSPRIT LTD. EXT.P7: COPY OF THE POSTAL RECEIPT DATED 07/01/2006. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE rs S.SIRI JAGAN, J. ================== W.P.(C).No. 22625 of 2006 ================== Dated this the 2nd day of November, 2011 J U D G M E N T The petitioner was an employee of the 3rd respondent. As an employee of the 3rd respondent, whose establishment is covered under the Employees' Provident Funds and Miscellaneous Provisions Act, the petitioner was enrolled as a member of the Employees' Pension Scheme. According to the petitioner, the petitioner's date of birth is 29.4.1946 and on completing 58 years on 30.4.2004, the petitioner superannuated from service. The petitioner's application for pension under the Employees' Pension Scheme was returned with the objection that as per the entry in the documents submitted before the Provident Fund Organization, the petitioner would complete the age of 58 years only on 1.7.2006. Although the petitioner produced proof of date of birth of the petitioner, respondents 1 and 2 have rejected the claim of the petitioner by Exts.P4 and P6. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs: “i) Issue a writ of certiorari or any other appropriate writ, order or direction calling for the records pertaining to Exhibits P4 and P6 and quash the same as illegal; ii) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents 1 and 2 to sanction and disburse the eligible pension under the Employees Provident Fund Pension Scheme to the petitioner herewith; (sic) iii) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents 1 and 2 to pay interest w.p.c.22625/06 - : 2 :- at the rate of 18% per annum for the amount of pension, for the delayed payment from 1.5.2004 to the actual date of payment.” 2. The learned Standing Counsel for the Provident Fund Organization submits that subsequently the petitioner was paid pension from 1.7.2006 and an enquiry regarding the date of birth of the petitioner was conducted. According to him, the claim of the petitioner for revised pension with effect from 29.4.2004 is under consideration. 3. I have considered the rival contentions in detail. 4. Ext.P2 is the extract from the admission register of the school in which the petitioner has studied. The date of birth entered therein is 16.9.1121(ME). Ext.P3 is the certificate from the Thiruvananthapuram Public Library to the effect that the date 16.9.1121 (ME) corresponds to 29.4.1946 in the English calendar. That being so, there is sufficient proof to show that the petitioner's date of birth is 29.4.1946. As such, the petitioner is entitled to pension under the Employees' Pension Scheme with reference to that date, if necessary by correcting the date of birth in the records of the Provident Fund Organization. Accordingly, this writ petition is disposed of with a direction to respondents 1 and 2 to see that the pension benefits due to the petitioner under the Employees' Pension Scheme w.p.c.22625/06 - : 3 :- are disbursed to the petitioner, as expeditiously as possible, within two weeks from the date of receipt of a certified copy of this judgment, as if the petitioner's date of birth is 29.4.1946. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge