1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B. CIVIL WRIT PETITION No.5968/2002. : : Ramesh Chand Sharma Vs. State of Rajasthan & Ors. : : Date of Order 25.3.2009 HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr. Sandeep Saxena for the petitioner. Mr. Zakir Hussain, Addl.Govt.Counsel for the State. Heard learned counsel for the parties. 2. This writ petition has been filed challenging the order dated 16.3.2002 by which pension payment order and commutation payment order were cancelled and his retiral dues were withheld. 3. Shri Sandeep Saxena, learned counsel for the petitioner has argued that the respondents have wrongly shown that petitioner has manipulated in his date of birth. It was submitted that in fact 10.8.1939 is the date of birth of one Shri Shyam Swaroop and it was wrongly entered in service book of petitioner. On the basis of transfer certificate 2 produced by him, correct date of birth is 4.7.1943 and the Mayor of Municipal Board, Kota on consideration of these facts by order dated 24.7.1995 directed for correction of the date of birth of petitioner in his service record accordingly. 4. Shri Zakir Hussain, learned Additional Government Counsel has opposed the writ petition and submitted that there was no basis for change of date of birth of petitioner because 4.7.1943 is accepted as date of birth of petitioner. The Mayor had no legal authority to change the date of birth in the year 1995. The real date of birth of petitioner was 10.8.1939 and on that basis he was liable to be retired on 31.8.1997. 5. Having regard to the facts of the case especially in view of order passed by Commissioner, Municipal Board, Kota on 4.7.1995, I find that matter requires fresh examination at the end of Municipal Board, Kota itself because now at this stage the entire benefit of petitioner has been withheld when he has served the respondents for entire length of his service and retired him taking even the later date of birth as the basis. 3 The matter is, therefore, remitted back to Chief Executive Officer, Municipal Board, Kota, who shall provide an opportunity of hearing to petitioner and examine his future point and the original record of Corporation to find out factually 10.8.1939 was entered as date of birth of petitioner in his service book on the basis of transfer certificate of Shri Shyam Swaroop Vyas. If that be so, he shall pass necessary order, which order then be re-forwarded to Directorate of Pension for the needful. It is made clear that this order would not entail forfeiture of stoppage of pension, which in any case he is entitled to receive consequent upon his retirement from the service of respondents. This writ petition is accordingly disposed of. Compliance of this judgment be made within a period of three months from the date its copy is produced before the respondents. (MOHAMMAD RAFIQ)J. A.Arora/- Item No.54.